Jammu, Feb 02: In C.P./602/2025 (JAMMU) [ CONTEMPT ] In O.A./1607/2025 titled MOHD AYUB NAIK Vs JAL SHAKTI DEPARTMENT after hearing CAT ordered as under:-
1. This Tribunal vide order dated 09.10.2025 in O.A. No. 1607 of 2025, as an interim measure, had directed the respondents not to act upon the communication dated 03.07.2025 of Respondent No. 2 viz-a-viz withdrawal of benefit already granted to the applicants in terms of SRO 149 till the next date of hearing.
2. Despite availing number of opportunities, the respondents did not comply with the aforesaid interim order. On 31.12.2025, Respondent no. 4 (Mr. Bharat Vikas Sharma, Executive Engineer, PHE Doda) had appeared through virtual mode and defended his action for non compliance of the interim direction dated 09.10.2025 and this Tribunal found it a fit case for framing ROBKAR proceedings against him under the Contempt of Courts Act, 1971, however, before framing ROBKAR against him, he was directed to appear before this Tribunal today i.e. 30.01.2026, with his explanation.
3. Today, Mr. Bharat Vikas Sharma, Executive Engineer, PHE, Doda has appeared in person and instead of complying with the interim order dated 09.10.2025 passed in O.A. No. 1607 of 2025, tried to again justify his action by relying on compliance report filed by the learned A.A.G. He further stated that he will not comply with the interim order passed by this Tribunal unless instructions in the matter are received from his superior officers viz Respondents No. 1 & 3. The act of the Respondent No. 4 amounts to defiance of judicial order passed by this Tribunal.
4. At this stage, Mr. Sheikh Najeeb, learned counsel for the petitioners has stated that due to non compliance of the interim order passed by this Tribunal, the petitioners who are Class-IV employees are facing severe hardship as their salary has been reduced to half, which is reflected in the bank statements of the petitioners placed on record.
5. The compliance report dated 21.01.2026 would show that Respondent No. 4 has placed reliance upon some judgements in order to deprive the fruits of interim directions of this Tribunal dated 09.10.2025, which amounts to undo the interim direction dated 09.10.2025 of this Tribunal.
6. In view of the above circumstances, it is a fit case where proceedings are required to be initiated against the Respondent No. 4.
7. Accordingly, Registry is directed to frame a ROBKAR against Mr. Bharat Vikas Sharma, Executive Engineer, PHE, Doda (Respondent No. 4) and issue notice to him to show cause as to why he should not be punished for his wilful disregard and disobedience of the directions passed by this Tribunal vide interim order dated 09.10.2025 in O.A. No. 1607 of 2025.
8. List for further consideration on 19.02.2026. Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J)
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