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Jammu, Apr 24: In C.P./96/2025 (JAMMU) In T.A./5629/2021 With M.A./851/2025 No of Adjournment: 14, titled MOHD AKBAR BATT Vs SHALEEN KABRA AND OTHERS after hearing CAT ordered as under:-
1. Learned A.A.G. has filed compliance report on behalf of alleged contemnor No. 5, instead of alleged contemnor No. 2, on a perusal therefrom, we find that only excuses seem to have been offered.
The said compliance affidavit, inter alia, contends '....that the records pertaining to the instant matter are considerably old, spanning at least three decades and are required to be traced, verified and complied from various sources.
The process of retrieval and authentication of such old records is time-consuming and require careful scrutiny to ensure accuracy and completeness and therefore, same is presently under process.
2. Alleged contemnor No. 2 (Shaleen Kabra, IAS, Financial Commissioner (ACS), Jal Shakti Department, UT of J&K) is the competent authority to implement the final order of this Tribunal dated 07.11.2024, for regularization of the petitioners as Daily Wagers in terms of SRO 64 of 1994, which was upheld by Hon'ble High Court in WP (C) No. 313 of 2026 vide order dated 18.02.2026 with direction to respondents to consider the case of the petitioners for regularization strictly as per direction issued by this Tribunal in terms of final order dated 07.11.2024.
3. Be it noted that on 29.01.2026, it was observed that prima facie, a clear case of contempt stands made out against alleged contemnor No. 2 and show cause notice was issued to him as to why he should not be punished for his wilful disregard and disobedience of the order passed by this Tribunal.
However, on 17.02.2026, on the request of learned A.A.G. and in the interest of justice, one more opportunity was granted to alleged contemnor No. 2 to implement the direction of this Tribunal, failing which alleged contemnor No.2 shall appear before this Tribunal with his explanation.
Thereafter, on 10.03.2026, the alleged contemnor No. 2 instead of appearing before this Tribunal has filed the status report through learned A.A.G., but without any concrete steps to implement the order of this Tribunal, as such, it is clear that there was no real intent on behalf of alleged contemnor No. 2 to comply with the order passed by this Tribunal.
4. The order of which contempt is alleged was passed on 07.11.2024 and was to be complied with within eight weeks i.e. on or before 02.01.2025.
5. In the above circumstances, we have no doubt in our mind that a clear case for contempt is made out against alleged contemnor No. 2 regarding which charges are required to be framed against alleged contemnor No. 2, as he has all but admitted to be being in contempt while offering inexcusable justifications for non-compliance.
6. At this juncture, learned A.A.G. requested that case be adjourned for three weeks, so as to provide alleged contemnor No. 2, last and final opportunity to ensure that the order dated 07.11.2024 is complied with fully without any if's and but's.
7. Having regard to the aforesaid submissions, purely by way of extraordinary indulgence basis, the present Contempt Petition be listed on 19.05.2026 as first case in the category of contempt petition.
If by that, affidavit(s) showing full compliance of the order dated 07.11.2024 of this Tribunal is/are filed, the alleged contemnor No. 2 shall not be required to appear in person. Upon failure to do so, alleged contemnor No. 2 shall be present in Court on the next date, whereupon this Tribunal would proceed to frame charge(s) against him.
8. List on 19.05.2026.
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