Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Shri Rigzin Sampheal on 8 March, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No.421
SUPPLEMENTARY 1 CAUSELIST
(AFTER NOTICE)
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CCP(S) No. 01/2020
In CPSW No. 380/2018
Robkar.
.....Petitioner(s)
Majid
Through: Mr Jahangir Iqbal Ganai, Senior Advocate with
Ms Humaira Shafi, Advocate.
vs
Shri Rigzin Sampheal, Commissioner-Secretary.
.....Respondent(s)
Through: Mr D.C. Raina, Advocate General with
Mr Shah Aamir, AAG and
Ms Sharaf Wani, Assisting Counsel.
Mr T.M. Shamsi, ASGI.
Mr B.K. Singh, Secretary to Government,
School Education Department present in person.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
08.03.2021 In terms of order passed on 20th of November, 2020, Mr B.K. Singh, Secretary to Government School Education Department was arrayed as party- respondent and accordingly time was granted to file statement of facts/compliance report.
On 11th of December, 2020, the Court while noticing non-compliance of order passed on 11th of December, 2020, directed presence of all the respondents including Secretary to Government Education Department.
On 28th of December, 2020, Mr Shah Aamir, learned AAG submitted that respondents have filed the compliance but the same was not available on file, therefore, the Court directed the listing of the matter on 4th of February, 2021, subsequent thereto, on 16th of February, 2021, the Court while noticing non-appearance of Respondent No. 5/Secretary to Government School Education Department, directed the personal appearance of not only Respondent No. 5, but Respondents 2 and 3 also.
On 1st of March, 2021, the Respondent No. 2/Mr Ghulam Nabi Itoo, the then Director School Education, appeared in person before the Court, however, the Respondent No. 5 had chosen not to appear, therefore, the Court sought assistance of learned Advocate General, as to why the officer who is simply asked to appear before the Court for interaction has chosen not to appear. This is how the officer is present today.
The Court has apprised the officer present about the judgment having earned finality and the consequences of its non-compliance but without going to further details, the officer present before the Court has sought some reasonable time to file the response qua implementation of the judgment. Four weeks' time is granted to the respondents to file response to the show cause notice as also compliance of the order/judgment.
The Court makes it clear to the respondents that their presence in the Court at the cost of the public time is not ordinarily encouraged by the Courts, but the circumstances as detailed out in the orders passed from time to time compel the Court to ask for their personal appearance. Keeping in view the approach adopted by the officer present, his appearance before the Court is exempted till further orders.
List on 12th of April, 2021 in the Daily Supplementary Cause List.
(Ali Mohammad Magrey) Judge SRINAGAR:
08.03.2021 "Hamid"ABDUL HAMID BHAT 2021.03.16 11:31 I attest to the accuracy and integrity of this document