Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Shri Rigzin Samphael & Ors on 11 December, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 248
Supplementary-1 List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
CCP(S) No.01/2020 [CPSW No.380/2018] c/w
CPSW No.380/2018
ROBKAR
..... Petitioner(s)
Through: -
Ms Humaira Shafi, Advocate vice
Mr Jahangir Iqbal Ganai, Senior Advocate.
V/s
Shri Rigzin Samphael & Ors.
..... Respondent(s)
Through: -
Mr N. H. Shah, Sr. AAG Shri Mohammad Ibrahim Magrey, Ex-ZEPO, Achabal.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
(ORDER) 11.12.2020 On 19th of October, 2020, when the matter came up for consideration, this Court observed as under:
"Despite a series of orders passed by this Court from time to time directing the respondents to implement the directions passed by the Court, no compliance is reported by the respondents till date.
Mr N. H. Shah, the learned Senior Additional Advocate General, submits that reportedly the Department has filed Special Leave Petition (SLP) against the judgment of the Division Bench which is pending before the Hon'ble Supreme Court and, as such, consideration in the instant contempt petition needs to be deferred.
The aforesaid submission was also made by the learned Senior Additional Advocate General as back as 29th of January, 2020, but no such restraint order or proceeding pending before the Hon'ble Supreme Court has been placed on record by the respondents to bring home that argument.
In the above backdrop, there is no other option left for the Court but to frame rule against the respondents. Accordingly, let the Registry issue rule against the respondents in the contempt petition to show cause as to why they shall not be punished for violation of directions passed by the Court.TAHIR MANZOOR BHAT 2020.12.14 12:05 I attest to the accuracy and integrity of this document
Besides, as reported, a new incumbent has been posted as Commissioner/ Secretary to Government, School Education Department, therefore, it shall be in the fitness of things to simultaneously array the present incumbent-Commissioner/ Secretary to Government, School Education Department, as a party respondent to the contempt petition, but before doing so, the Court feels it necessary to apprise the said new incumbent about the status of the case and, thus, the Registry shall, in the first instance, forthwith send a copy of the contempt petition as well as all the orders passed therein, in Virtual form, to the present incumbent- Commissioner/ Secretary to Government, School Education Department, so as to enable the said Officer to file compliance before the Court by the next date of hearing.
List on 20th of November, 2020.
Copy of this order be provided to Mr N. H. Shah, the learned Senior Additional Advocate General, under the seal and signatures of the Bench Secretary of this Court, today itself."
In pursuance of the aforesaid order of this Court, the Registry has issued show cause notice to (i) Shri Rigzin Sampheal, Commissioner/ Secretary to Government, School Education Department, Civil Secretariat, Srinagar/ Jammu; (ii) Dr Ghulam Nabi Itoo, Director, School Education, Kashmir/ Srinagar; (iii) Dr Naseer Ahmad, Chief Education Officer, Anantnag; and (iv) Shri Mohammad Ibrahim Magrey, the then Zonal Education Planning Officer, Achabal.
All the aforesaid respondents have filed reply to the show cause notice, except for Shri Mohammad Ibrahim Magrey, the then Zonal Education Planning Officer, who is personally present in Court and seeks some time to explain his position.
In the reply to show cause notice so filed, the same contentions have been raised by the respondents which stand already dealt with by the Court on previous hearings. It is thus, evident that the respondents are not only consuming the time of the Court, but also delaying implementation of the judgment rendered by this Court on 12th of February, 2015 passed in SWP TAHIR MANZOOR BHAT 2020.12.14 12:05 I attest to the accuracy and integrity of this document No.2542/2012. It needs, must, be said that thereafter, on 20th of November, 2020, Shri B. P. Singh, the present Commissioner/ Secretary, School Education Department, was also incorporated as a party respondent in the Contempt petition with a view to facilitate the implementation of the judgment passed by this Court, subject matter of the Contempt petition, however, that too has not yielded any fruitful results.
In view of the above, let all the aforesaid Officers, viz. (i) Shri B. P. Singh, present Commissioner/ Secretary to Government, School Education Department; (ii) Shri Rigzin Sampheal, the then Commissioner/ Secretary to Government, School Education Department; (iii) Dr Ghulam Nabi Itoo, Director, School Education, Kashmir; (iv) Dr Naseer Ahmad, Chief Education Officer, Anantnag; and (v) Shri Mohammad Ibrahim Magrey, the then Zonal Education Planning Officer, Achabal, besides filing compliance, remain personally present before the Court on the next date of hearing to explain their position through Virtual mode.
List on 28th of December, 2020 in the 'Daily Supplementary Cause List'.
Registry to forthwith convey the order to all the aforesaid Officers, copy whereof shall also be provided to Mr N. H. Shah, learned Senior Additional Advocate General, under the seal and signatures of the Bench Secretary of this Court.
(Ali Mohammad Magrey) Judge SRINAGAR December 11th, 2020 "TAHIR"
TAHIR MANZOOR BHAT 2020.12.14 12:05 I attest to the accuracy and integrity of this document