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CONTEMPT PETITION: HC directs Tanveer, Kotwal to comply Court order, file compliance report within 4 weeks
1/7/2013 1:20:33 AM
JAMMU: The High Court of J&K comprising of Justice Mansoor Ahmed Mir has directed Ms Tanveer Jahan, Commissioner/ Secretary PWD (R&B) and Dr Pawan Kotwal, Commissioner/ Secretary, Hydraulic, PHE & Irrigation deptt to comply with the order of the High Court dated 4.9.2010 in letter and spirit and file compliance report within four weeks in the Registry.
This Order was passed in a contempt petition filed by Niaz Ahmed Malik against these officers, wherein Mr A K Sawhney Advocate appeared for the petitioner and made submissions that despite lapse of about 3 years the contemners have not bothered to comply with the Court directions therefore may be punished under J&K Contempt of Courts Act.
Justice Mir after hearing the submissions advanced by Mr A K Sawhney in Contempt (SWP) 418/2012 directed as follows:
.......For the petitioner (S): Mr. A.K.Sawhney, Advocate.
The instant contempt petition is disposed of at this stage itself with a direction to the respondent (S) to comply with the order dated 04.09-2010 passed in SWP No. 2133/2010 in letter and spirit and file compliance report within four weeks the Registry.
Registry to convey the copy of this order to the respondent forthwith.
Disposed of..."
The contents of the contempt petition are as follows:
..." 1. That, the petitioner is serving as Junior Engineer (Diploma Holder) in the Public Works (Roads and Buildings) Department, presently posted in Nowshera. The petitioner is in service on regular permanent basis since 1988 and was placed on the cadre of Public Works (R&B) Department, Govt of Jammu and Kashmir from the very beginning.
2. That, in so far as the cadre of posts of Junior Engineer in the Public Works (R&B) Department, Govt. of Jammu and Kashmir is concerned, it is one cadre but for the sake of administrative working it branches out into different wings like Civil (R&B). Hydraulic etc. and the Junior Engineers in the service get placed under the said wings. The petitioner being an appointee of 1988 is purportedly placed at serial no. 930 in R&B wing in the general seniority list.
3. That so far as the seniority of the Junior Engineer (Diploma holders) under category positions was concerned, the petitioner came to be placed at no. 4 on the basis of his said category status so furnished in the year 2006 itself to the office of the respondents. Given the fact that Junior Engineer (Diploma holders) who were placed ahead of him in term of category wise seniority position, had come to be placed / promoted as Assistant Engineer, the petitioner had fallen in line and due for consideration for his placement / promotions as Assistant Engineer under the reservation category and the petitioner counted his opportunity to be so considered from the year 2006 itself but for reasons no known to the petitioner the said opportunity never came across to meet the expectation of promotion of the petitioner.
4. That in the meanwhile the respondent came up with the order/s of placement / promotion for Junior Engineer (Degree/ Diploma holders) as Assistant Engineers on more than one occasion in the year 2008, 2009 but the petitioner found is name missing from the list of the beneficiary Diploma Holder Junior Engineers placed/ promoted as Assistant Engineer in the Public Works. (R&B) Department, Govt. of Jammu & Kashmir through the petitioner did not suffer any disability in terms of his entitlement and eligibility to be concerned for placement / promotions as Assistant Engineer much before than those so placed and promoted in the year 2007,2008 & 2009. The category certificate of the petitioner was furnished through proper channel. The respondents promoted four candidates from the social caste category. It would not be out of place to mention here that two candidates (Diploma Holders) belonging to social caste category were promoted in the year 2006 and two were promoted by the respondents in the year 2009 not withstanding the fact that candidates promoted in the year 2009 were not holding the category certificate in the year 2006 as such the same was not produced by them within the stipulated time. It is submitted with respect that Junior Engineers (Diploma Holders) Rattan Lal Chargotra (Hydraulic Wing) & Mohd. Amin (R&B) Wing produced their category certificates much later but despite that they have been given effect of the year 2006. This exercise on the part of the respondents is totally unconstitutional, unfair and arbitrarily. It would be apt if the respondents are called upon to produce the entire record pertaining to promotion / placement of Junior Engineers (Diploma Holders) promoted from the year 2006 to 2009. The placement / promotion of Junior Engineers (Diploma Holder) promoted under social caste category is totally unfair in the face of the face that a candidate like the petitioner who has produced his category certificate in the year 2006 is ignored and the candidates whose category certificate were issued much later, have been given effect of promotion from the year 2006.
5. That the petitioner being aggrieved of his non-consideration in the matter of promotion in his service career as Junior Engineer since 1988, submitted a representation to the Hon'ble Works Minister, Public Works (R&B) Dept. Govt. of Jammu and Kashmir. The said representation made by the petitioner was processed on the file no. PW/R&B/NG/87/09 of the respondent but to the dismay of the petitioner the respondents did not part of respondent no. 1&2 the petitioner approached this Hon' ble Court through the medium of SWP, 2133/2010. The Hon' ble Court was gracious enough to allow the said writ petition with the directions to the respondent to consider the representation of the petitioner seeking, promotion as Assistant Engineer within a period of two months. However, it was further observed that the petitioner shall be at liberty to file a fresh representation with the respondents. A copy of the judgment / order is enclosed as Annexure - A to earlier petition.
6. That the certified copy of the judgment / order dated 4-09-2010 along with a copy of writ petition and a legal notice dated 04-12-2010 was forwarded by the petitioner to the respondents for consideration but no heed was given by the respondents. The petitioner was constrained to serve an other legal notice on 5th Feb - 2011, despite repeated reminders the respondents have not given any consideration to the order passed by this Hon'ble Court till date. Copies of the notices so sent to the officers of the relevant time are attached as ANNEXURE B.
7. That, the respondent have thus conducted themselves in the most reprehensible manner showing, scant regards to the orders of this Hon'ble Court which conduct on their part is palpably, manifestly and gravely contumacious and makes the condemnor / respondent liable to be dealt with in accordance with law and punished severely for willfully and deliberately fluting, defying and intentionally disobeying the orders of this Hon'ble Court.
8. That, it is apparent from the material placed on record that no iota of doubt is left regarding the condemnor having scant regard and utter disregard to the sacrosanct orders of this Hon'ble Court and the condemnor is prima facia guilty of contempt to the court for having deliberately, intentionally and willfully disobeyed the orders of this Hon'ble Court as such the respondents deserve to be dealt with and punished severely in accordance with the law as by his such unbecoming act he has tended to lower the authority of this Hon'ble Court and also tended to interfere with the due process of the judicial proceedings and administration of justice. The conduct of the respondent is manifest of his malafide intentions throughout.
It would be apt to state here that the petitioner filed an application in the earlier Contempt petition so filed for amendment of the petition and arraying the new incuments as respondents. It was observed by the Hon'ble Court that a prior notice/ representation be served upon the new incumbents which the petitioner has done so by sending a communication through counsel.
The Copies of the same are attached as ANNEXURE C.
9. That, the interest of justice demands that the contemner / respondent is dealt with and punished severely in accordance with the law for his willful, deliberate and intentional disobedience of the orders of this Hon'ble Court. Otherwise, if the contemner is let go Scot free the litigants will lost their confidence and faith in the judicial proceedings.
10. An affidavit is support of this contempt Petition is enclosed.
P R A Y E R :
It is, therefore, respectfully prayed that the Hon'ble Court may very graciously be pleased to initiate contempt proceedings against the respondents for willfully disobeying and flouting the judgment / order dated 4-09-2010 SWP.213/2010 titled : Niaz Ahmed Malik V/s State of Jammu and Kashmir & Another, passed by this Hon'ble Court and punish the respondents....: "
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