Jammu, Aug 19: In O.A./71/2024 With M.A./622/2024 MA FOR INTERIM RELIF APPLICATION Along With C.P./123/2024 CONTEMPT titled UMER YOUSUF DAR Vs HOME DEPARTMENT after hearing CAT Srinagar ordered as under:-
1. The matter pertains to the selection of the applicant in which a detailed order was passed on 06.02.2024. Thereafter, the matter could not be heard on umpteen opportunities which is reflected from the order sheets and on as many as ten occasions, the matter could not be heard as either the case did not reach or for any other reason.
2. Perusal of the order dated 09.12.2024 reveals that the respondents were directed to bring the record pertaining to the selection of the applicant before this Court in a sealed cover and also to submit an affidavit as regards Para 11 of the reply filed by one Mr. Naveed Hussain Badroo, the then Secretary of JK Services Selection Board.
Then again on 19.03.2025, another order was passed wherein despite a period of four months, the order dated 09.12.2024 was not complied with which compelled this Court to observe that the SSRB usually do not comply with the directions of the Court which may necessitate this Court to proceed against them in accordance with the law as the SSRB even failed to produce the record and the Secretary, SSRB was directed to be present before this Court on the next date of hearing and the presence was sought in the peculiar facts and circumstances of the case and in order to uphold the rule of law.
3. Today, the matter came up for consideration. Mr. Syed Musaib, learned DAG appearing for the respondents submits that affidavit as was required has been filed on 02.05.2025.
4. Perusal of the affidavit reveals that the same is cryptic and having been filed in a slip shod mechanical manner.
Mr. Syed Musaib, learned DAG is directed to file a fresh affidavit in tune with the orders passed earlier. At the same time, he is directed to produce the record as was ordered.
5. The Secretary as was ordered is not present before the Court. This Court is not powerless to seek the presence of the official by issuance of a bailable or a nonbailable warrant as despite directions, he has not caused his presence.
However, keeping in view the candid submission of Mr. Syed Musaib, DAG, we are not issuing any warrant to seek his presence as contained in terms of the Rule 9 of The Contempt of Courts (CAT) Rules, 1992.
6. Mr. Syed Musaib, learned DAG to do the needful in terms of the previous orders without any fail. Perusal of the cause title reveals that Tehsildar, Beerwah, District Budgam, is also a party respondent in the matter.
Mr. Syed Musaib, DAG submits that vide two communications dated 29.08.2024 and 02.06.2025 wherein Tehsildar, Beerwah, was asked to clarify as regards the alleged forgery.
It appears that the Tehsildar, Beerwah is sleeping over the issue. Tehsildar, Beerwah is directed to show cause as to why contempt proceedings as warranted under law are not initiated against him for having not responded to the communications addressed by JKSSRB to his office as the case unnecessarily has got delayed.
7. List on 16.09.2025.
8. In the meanwhile, Mr. Syed Musaib, learned DAG to comply with the directions. Registry of this Court to ensure that the instant file is tagged properly.
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