Non-filing of replies regardless of quite a few orders
*Directs DGP, Home Secy to file reply or seem in person
Mohinder Verma
JAMMU, May 4: Taking critical notice of non-filing of replies regardless of quite a few orders, the Central Administrative Tribunal (CAT) Jammu Bench has stopped the wage of Principal Secretary, Power Development Department until additional orders. Moreover, the Tribunal has directed the Director General of Police (DGP) and Principal Secretary, Home Department to file reply in response to the orders issued every so often or seem in person on subsequent date of listening to.
In the 12 months 2009 a matter relating to pay fixation was delivered to the discover of High Court of Jammu and Kashmir by one Rattani Koul. However, the SWP No.1736 was transferred to CAT Jammu Bench vide order dated March 17, 2021 and thereafter the case was listed on December 6, 2021 for the primary time earlier than the CAT Jammu Bench. Accordingly, the respondents have been directed to file the reply within the matter.
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Two days again, the case was once more listed earlier than the CAT Jammu Bench headed by Member (J) Rajinder Singh Dogra and on perusal of data, the Bench noticed, “the case was listed several times but respondents have not bothered to file reply till date despite availing sufficient time”, including “vide order dated February 28, 2024 the respondents were granted last and final opportunity to file reply and it was made clear that in case of failure to do so the erring officer shall remain virtually present before this court. However, they have not bothered to appear before this court to explain as to why the reply was not filed despite granting various opportunities to them”.
“In the present fact and circumstances, this court is constrained to pass harsh order to stop the salary of Principal Secretary, Power Development Department (PDD) with immediate effect as officers who are not obeying the court’s orders, do not deserve salary”, Member Judicial stated.
Accordingly, the CAT directed the involved Drawing and Disbursing Officer (DDO) to make sure that the wage of Principal Secretary PDD be stopped with speedy impact until additional orders. “The Chief Secretary is directed to initiate an enquiry against the Principal Secretary PDD as to why neither the reply was filed nor he was present before the court despite clear directions passed vide order dated 28.02.2024, and thereafter, take strict action against the officer for not complying the orders of the court”, the CAT stated, including the motion taken report be submitted together with the written assertion within the current case on or earlier than the subsequent date of listening to.
“Non-filing of the reply by the respondents leads to unnecessary delay in giving justice to the litigants and justice delayed is justice denied”, the CAT stated, including “the poor litigants who have no access to the administration, knock the door of this court with the hope that they will get justice here. The aggrieved litigant is running from pillar to post in order to get the justice”.
The Bench additional stated, “it is very unfortunate that due to the callous attitude of officials, public faith in the judiciary is getting eroded. However, innocent litigants cannot be made to suffer due to lackadaisical approach of the respondents. Nobody is above the law so in order to uphold the majesty of the law this court was compelled to pass such adverse order”.
While coping with one other case of non-filing of reply through the previous greater than seven years, the CAT Jammu Bench noticed, “despite granting various opportunities to the respondents to file the reply they have failed to do so”.
While granting final and ultimate alternative to the respondents for submitting reply, the CAT stated, “in case of failure to do so the DGP and Principal Secretary, Home Department shall remain present before the court on next date of hearing and explain why they have not filed reply during the past more than seven years”.
This case pertaining to household pension was filed by Dulari Bhat, migrant from Kashmir valley and presently residing in Jagti Township. Vide order dated December 18, 2017, the High Court of J&Okay had directed the respondents to file the reply. However, they failed to take action. Thereafter, vide order dated 21.12.2021 the case was transferred to CAT Jammu.
