Jammu, June 16: In T.A./1250/2020 (JAMMU) titled KAMAL SINGH Vs D/O POWER DEVELOPMENT UT OF J&K after hearing CAT ordered as under:-
The case was listed today, and it was observed that vide order dated 22.05.2024, respondents were granted last and final opportunity to file their written statement, and in case the same is not filed the Erring Officer/Official was directed to remain present before the Court with the explanation as to why the reply was not filed till date.
2. The matter was filed way back in the year 2016 as SWP No. 2909/2016 before the Hon’ble High Court of Jammu and Kashmir at Jammu, and thereafter, it was transferred to this Tribunal vide order dated 07.08.2020 passed by the Hon’ble High Court.
3. On perusal of records, it was revealed that the case was thereafter listed several times and subsequently it came to be listed today as well before this Court and it was observed that respondents didn’t bother to file reply till date, despite availing sufficient time.
4. Despite issuance of previous order, dated 22.05.2024, wherein respondents were granted last and final opportunity to file reply failing which the Erring Officer was directed to remain virtually present before this Court through video conferencing, but they did not file any reply, neither did they bother to appear before this Court to explain why the reply was not filed despite granting various opportunities to them.
In the present fact and circumstances this Court is constrained to pass this harsh order to stop the salary of the Respondent No. 2 i.e. Chief Engineer, Power Development Department, Jammu with immediate effect, as such Officers who are not obeying the Court’s Orders, do not deserve salary.
5. Accordingly, the D.D.O concerned is directed to ensure that the salary of the Respondent No. 2 i.e. Chief Engineer, Power Development Department, Jammu, be stopped with immediate effect till further orders and Commissioner/Secretary, Power Development Department, Jammu/Srinagar is directed to initiate an enquiry against the Respondent No. 2 i.e. Chief Engineer, Power Development Department, Jammu (Respondent No. 2 herein) as to why, neither the reply was filed nor he was present before the Court despite clear directions passed vide order dated 22.05.2024, and thereafter, take strict action against the Officer for not complying the orders of the Court. The action taken report be submitted along with the written statement in the present case on or before the next date of hearing.
6. It has been observed that non-filing of the reply by the respondents leads to unnecessary delay in giving the justice to the litigants and justice delayed is justice denied. The poor litigants who have no access to the Administration, knock the door of this Court in the hope that they will get justice here.
The aggrieved litigant is running from pillar to post in order to get the justice. It is very unfortunate that due to the callous attitude of Officers/Officials, public faith in the judiciary is getting eroded.
7. However, innocent litigants cannot be made to suffer for the lackadaisical approach of the respondents. The Tribunal further observed that nobody is above the law, so in order to uphold the majesty of the law this Court was compelled to pass such adverse order.
8. Let the written statement now be filed by the respondents along with the action taken report by the next date of hearing.
9. List this case on 12.07.2024.
|