Jammu, Nov 20: In M.A./1467/2025 (SRINAGAR) In O.A./978/2021 titled JAL SHAKTI UT OF JAMMU & KASHMIR Vs SYED AIJAZ HUSSAIN after hearing CAT ordered as under:-
O.A./978/2021: The matter initially came up before the Hon'ble CAT Jammu Bench whereby four weeks' time was sought to file their counter.
Time was granted. Then on 16.06.2022, reply was not filed and the respondents were granted further four weeks' time to file their reply. Then on 26.08.2022, reply was not filed. On 01.04.2023, none appeared for the parties, however, four weeks' time was further granted to file reply.
Thereafter, none appeared for the applicant on various occasions and then on 10.07.2025, reply was not filed and a last and final opportunity of four weeks was granted for filing reply.
On 07.08.2025, yet again reply was not filed despite grant of various opportunities and in the interest of justice, a last and final opportunity of three weeks was granted to do the needful.
M.A./1467/2025: 1. The instant M.A is filed by the respondents wherein they are seeking extension of time for filing reply and objections.
Mr. Rais ud din Ganaie, learned DAG has referred to Para IV of the M.A. which is supported by a duly sworn affidavit of Er. Mohammad Iqbal Kirmani presently posted as Executive Engineer, Jal Shakti PHE Quality Control and Procurement Division, Srinagar.
It has been averred in Para 4 that the matter is currently under active consideration in the department and the office would subsequently file the reply/objections before the Tribunal in due course.
However, the reply/objections have been forwarded to the Administrative Department for onward submission to the Department of Law, Justice and Parliamentary Affairs, J&K, for vetting, whereafter the same shall be filed before the Tribunal.
2. This Court expresses its deep anguish and displeasure that despite the respondents having availed more than 4 and a half years, yet again they have come up with the instant M.A.
The instant application is nothing but an abuse of the process of law and only a ploy to protect and delay the disposal of the lis for whatever reasons.
It is apt to mention here that ultimately cases are to be decided on their own merits. Accordingly, we find no merit in the instant M.A. It is accordingly dismissed and we deem it proper to impose costs of Rs. 10000/- to be deposited in CAT Bar Library Fund.
The costs be paid from the personal earnings of the Executive Engineer who has filed the instant affidavit within two weeks in the Bank account notified for such deposition under a proper receipt.
We would also like to sensitize the officers that in future they shall not file any frivolous applications which would amount to abuse to the process of law and interfering in the dispensation of justice.
3. Registry of this Court is directed to convey a copy of this Order to Chief Secretary, UT of J&K, Commissioner Secretary, Department of PHE, and Secretary, Law, Justice and Parliamentary Affairs, J&K.
4. Accordingly, M.A./1467/2025 is dismissed.
Prasant Kumar Member (A) M. S. Latif Member (J)
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