Rajesh Gupta
JAMMU, Mar 21: It is said that Courts are supreme to Government but it has been noticed that it is not true on ground. It has been seen that Minister/officers are supreme to Law.
There are lot of examples regarding violation of law in J&K not of only High Court orders but of Supreme Court of India, clearly speaks of supremacy of Minister/officers over & above it.
When Abdul Haq Khan took over as Law Minister, he conducted lot of meetings of Law officers & others & directed that court orders be followed. He also said that compliance report/objections should be filed in Courts within stipulated period of time but seen in air.
In compulsory retirement case, Supreme Court had passed specific guidelines & passed so many orders regarding the matter. Everybody was thinking that new Law Minister is a law knowing & as a senior advocate, law shall be followed during his tenure in a better. way.
It is a matter of great concern that lot of such orders have been passed during his tenure in violation of guidelines issued in Art. 226 & issued by Supreme Court of India. Art.20(2) of Constitution of India says that one cannot be punished twice for one cause of action. But it has noticed that Govt. has violated all norms which were to be considered in compulsory retirement as dead wood. The main thing in compulsory retirement was to consider the entire service record before taking such actions.
Neither officers bothered to file reply well in time in courts for early disposal of cases nor implementing the court orders in stipulated period of time. However High court had slapped again & again on the face of Govt. by quashing illegal orders of compulsory retirement passed by the Govt. What about the officers, who illegally signed these kind of orders in violations?
Shall Law Minister take actions violators of law?, he should first see that how many cases are lying pending in his own Rural Development Department for disposal or waiting for actions & how many innocents or waiting for free breath from suffocated actions of officers of RDD. It shall follow….
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