India

HC stops Salary of DSE and directs CS to file circular or appear in person

gy correspondent Jammu may 5
[ May 05, 2017 ] Taking serious note for not implementing the Court directions, Justice Tashi Rabstan today stooped the salary of Director School Education and seeks personal appearance of Director School Education and Commissioner/Secreatry Education. Justice Tashi Rabstan further took serious note and observed that on the last date of hearing this Court directed Chief Secretary J&K to come up with a circular instruction in the name of Heads of the Departments of the J&K State, requiring them to comply with the orders of the Courts within fixed timeframe, so as to allay the cost, men and machine of the State and mental agony faced by litigants due to noncompliance of the Court orders, which, resultantly would curtail unnecessary litigation, but nothing was filed on this Justice Tashi Rabstan directed the Chief Secretary of the State to file compliance to order dated 18.04.2017 within a period of four weeks from today, failing which Chief Secretary is directed to appear in person on the next date of hearing to explain his position. Today when the matter was came-up for hearing, Justice Tashi Rabstan observed that neither any Circular, as directed on the previous date, has been filed from the Office of Chief Secretary nor any one has appeared on his behalf or judgment dated 24.09.2015 has been complied with. However, an application has been filed on behalf of respondent No.2 for deferring the contempt proceedings on the ground that in the instant case the State is going to file SLP before the Apex Court. Director School Edcuation is also seeking release of his salary on the ground that he had joined as Director School Education, Jammu only on 28th April, 2017, whereas the judgment came to be delivered on 24.09.2015 and the direction in the contempt proceedings came to be issued on 18.04.2017. Justice Tashi Rabstan further observed that “I am shocked to see the conduct of respondents that instead of complying with the directions, they have filed the present application seeking deferring of the contempt proceedings, when as yet no SLP has been filed before the Supreme Court what to talk of any stay order from the Apex Court. This is nothing but a clear act of defiance of directions passed by this Court on 24.09.2015 and 18.04.2017. Respondents are expected not to sit over the judgment of this Court nor is there any provision for deferring the contempt proceedings in absence of any order from the Apex Court and ordered that Application, filed by Director School Education being misconceived, is dismissed. However, it is directed that the salary of present Director School Education, Jammu be released. Further, concerned Drawing and Disbursing Officer, through Director Accounts & Treasuries is directed not to release salary of the then Director School Education, Jammu, wherever she is posted, who was holding the charge of Director when order dated 18.04.2017 came to be passed on her application seeking extension of time for implementing the judgment. Concerned Drawing & Disbursing Officer is directed not to release her salary till further orders from this Court. Justice Tashi Rabstan further observed that since the Circular, as directed on the previous date, has not been filed from the Office of Chief Secretary nor any one has appeared on his behalf and directed Chief Secretary of the State to file compliance to order dated 18.04.2017 within a period of four weeks from today, failing which Chief Secretary is directed to appear in person on the next date of hearing to explain his position. Justice Tashi Rabstan further directed Commissioner/Secretary, Education Department, Civil Secretariat, Jammu/Srinagar is also to appear in person before the Court on the next date of hearing to explain his position as to why till date the judgment dated 24.09.2015 delivered in SWP No.651/2004 has not been complied with.