LI Network
Published on: December 04, 2023 at 13:36 IST
The Central Administrative Tribunal (CAT) in Srinagar has summoned the Additional Secretary to Govt. in response to a contempt petition, emphasizing that court orders must be complied with gracefully.
Concerned about the casual approach towards court orders, the tribunal, led by Members Prasant Kumar and M. S. Latif, stressed the importance of compliance with both the letter and spirit of court decisions. Expressing dissatisfaction with the casual attitude towards court orders, the tribunal observed,
“This court has, on many occasions held that we do not feel happy in calling the officers, high or low, in the court as they are more required in public to mitigate their sufferings rather than be present before the court. However, it seems that the authorities concerned are taking these observations casually.
The court orders are to be complied with grace as law always commands grace and coercive measure is adopted only when the orders of the courts are not complied with in its letter and spirit”.
The case originated from a judgment by the CAT, later confirmed by the High Court and upheld by the Apex court. Despite a four-week grace period, non-compliance led to objections raised by the applicant’s counsel, Sr Adv Jhangir Iqbal Ganai.
The Government Advocate’s request for an extension, supported by an affidavit from the Addl Secretary Home, sparked dissatisfaction from the tribunal.
Considering the affidavit’s tone as potentially contemptuous, the tribunal lamented the growing trend of officers treating court orders casually. The counsel argued that such behavior could amount to contempt of court and criminal contempt, suggesting separate legal action.
The Tribunal, invoking section 17 of the Administrative Tribunal Act, 1985, expressed that it is not powerless to initiate proceedings. It emphasized the expectation that court orders should be respected, as nobody is above the law.
Expressing concern over the disregard for court orders, the Tribunal extended the compliance deadline by three weeks and directed the Additional Secretary Home to appear personally on December 21, 2023.
The Registry was instructed to send a copy of the order to the Chief Secretary of the Union Territory of Jammu and Kashmir.
