Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Smt. Sheetal Nanda And Ors on 7 October, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
S.No.02
Regular List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP 17/2024 in[SWP 1435/2017]
c/w i)CPSW 378/2018 CM(5288/2019)
CM(6552/2022) CM(7151/2023)
ROBKAR
...Appellant/Petitioner(s)
Through: Mr. M.A.Wani, Advocate.
Vs.
SMT. SHEETAL NANDA AND ORS.
...Respondent(s)
Through: M/S A.R.Malik, Sr.AAG, S.Musaib, Dy.AG.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
07.10.2024
1. The present contempt petition came to be commenced by 18 petitioners on 26.07.2018 against the then contemnors namely Mr.Farooq Ahmad Lone, the then Secretary to Government, Social Welfare Department, UT of J&K and Mr. Veer Jee Hangloo, the then Mission Director, ICDS J&K Srinagar, complaining about the willful non-compliance of direction given by the writ court in SWP No.1435/2017 in terms of an order dated 01.08.2017.
2. In the said writ petition, the writ respondents were the then Secretary to Government Social Welfare Department; Mission Director, ICDS, J&K Srinagar; Deputy Director, ICDS, Social Welfare Department, Srinagar; and Programme Officer ICDS District Kupwara.
3. Originally named contemnors came to be replaced in the office by the successors-in-office. Accordingly this court in terms of an order dated 08.12.2019 came to direct the then Deputy Advocate General Mr. Feroz Ahmad Sheikh to apprise the incumbents in position i.e. Secretary to Government Social Welfare Department, J&K and Mission Director, ICDS, J&K to implement the writ court order.
4. In response to the contempt petition, a statement of facts came to be filed as came to be referred in the order dated 08.12.2021.
5. In the meanwhile, an application CM No.5288/2019 came to be filed by the petitioners naming Mr. Rohit Kansal and Mr. Shamim Kamali, to be impleaded as co-respondents/contemnors in the contempt petition being new incumbents in the office.
6. In terms of an order dated 08.09.2022, this Court afforded a last and final opportunity to the contemnors/respondents for filing fresh statement of facts with a reminder to be strictly in conformity with the direction given in the order dated 01.08.2017, thereby making clear to the respondents/contemnors that there was no escape from complete compliance of the writ court direction in letter and spirit.
7. Thereafter in terms of an order dated 31.10.2022, this Court came to observe that the exercise at the end of the writ respondents in taking the matter before Division Bench in letters patent appeal bearing LPA Nos. 56/2017 and 78/2017 has failed on account of dismissal of the said LPAs vide an order dated 07.07.2017 against which SLP was preferred before the Supreme Court of India but without disclosing to the court the actual status of the said SLP, thereby constraining this Court to direct personal appearance of the respondent Nos. 1 and 2 alongwith the record of the case and also status of the SLP.
8. A fresh compliance report came to be filed by the respondents through Mr. Feroz Ahmad Sheikh, the then Dy.AG on 05.11.2022, stating therein that the SLP preferred before the Hon'ble Supreme Court of India stands dismissed in terms of an order dated 18.05.2022 and in light of that steps have been taken for implementation of the directions of the writ court in terms of the order dated 01.08.2017 and in that regard the matter has been taken up with the Finance Department, considering the financial implications involved in the implementation of the judgment.
9. This Court, in terms of the order dated 21.11.2022, came to record the fact of dismissal of the SLP and the lack of factual information being shared by the contemnors/respondents in their compliance report and therefore, directed to comply the writ court order in letter and spirit and to file fresh compliance report failing which the personal appearance of the respondent Nos. 1 and 2 was directed to take place.
10.In terms of the order dated 08.05.2023, Mr. Mohsin Qadri, Sr.AAG appeared vice Mr. Abdul Rashid Malik, Sr.AAG and assured this Court that the fresh compliance report would be filed by the next date of hearing.
11. A fresh compliance report came to be filed on 10.08.2023, stating therein that in response to the observations of the Finance Department, the matter was taken up with the Accountant General and a final call from the end of the Accountant General was awaited.
12.This Court came to observe continuous loss of time to comply the writ court order but in the interest of justice afforded one more as last opportunity to the respondents to comply with the order and a direction to this effect came to be imparted in terms of the order dated 11.09.2023 with an observation that otherwise the Court would be constrained to resort to take coercive measures in the matter.
13. By reference to order dated 11.09.2023, the respondents came forward with a fresh compliance report dated 13.10.2023 filed on 16.10.2023, mentioning therein about filing of a review petition before the Supreme Court of India which being under consideration.
14. Obviously, in order to wriggle out of the compulsion of compliance being insisted by this Court, the contemnors/respondents came forward with a plea that the review petition has been preferred before the Hon'ble Supreme Court of India which is pending and sought time to produce an order to the said effect.
15. In the meantime, the petitioners also sought time to implead the Finance Department of UT of J&K as co-respondent to the contempt petition. Accordingly petitioners came up with an application CM No. 7151/2023 for impleadment of Mr. Santosh D. Vaidya, the then and presently as well Commissioner/Secretary, Finance Department, Govt. of UT of J&K, and Ms. Sheetal Nanda, the then Commissioner /Secretary to Social Welfare Department as party respondents, which application came to be allowed, impleading the said two officers as co-contemnors in terms of an order dated 15.12.2023.
16. On behalf of said newly added contemnors, Mr. M.Younis, Assisting Counsel to Mr. A.R.Malik, Sr.AAG came to accept notice and sought time to file statement of facts, with a further direction to place on record the order in review case before the Supreme Court of India.
17.In the name of pendency of the review petition, this Court granted further time in favour of the contemnors in terms of an order dated 06.03.2024 failing which respondents were directed to remain personally present on the next date of hearing.
18. This court in terms of the order dated 15.05.2024 again reminded the respondents to comply with the direction in letter and spirit or in default to remain present on the next date of hearing.
19. It is in this state of continuous default on the part of the contemnors/respondents that this Court in terms of an order dated 07.08.2024 came to hold the contemnors being in contempt of court and accordingly framed Rule (Robkar) against them by observing that the contemnors/respondents are avoiding to pass final consideration order and under the pretext of pending review petition are avoiding compliance of the writ court directions. The contemnors were directed to appear in person to show cause as to why contempt proceedings be not initiated against them and the case was directed to be listed on 07.10.2024 which is today.
20. Today is the date when the contemnors/respondents were supposed to be present themselves in person without a miss. This case is listed at S.No. 02 in the Regular Cause List, which came to be published on 05.10.2024, meaning thereby that the contemnors/respondents had the ample knowledge about the listing of the case and about their presence mandated in terms of the notice No. 17324-26 dated 13.08.2024 to Ms. Sheetal Nanda, Commissioner/Secretary to Govt. Social Welfare Department, Mr. Veer Jee Hangloo, Mission Director ICDS J&K Srinagar and Mr. Santosh D.Vaidya, Commissioner/Secretary to Finance Department UT of J&K Srinagar.
21. Mr. Kishori Lal Sharma,, who is present in the Court, is reported to have joined as Mission Director, ICDS, UT of J&K in August 2024 relieving Ms. Rubina Kounsar. It is pertinent to mention that Mr. Veer Jee Hangloo, was the Mission Director ICDS at the time of filing of contempt petition, who came to be succeeded by Mr. Shamim Kamali and then by Ms. Rubina Kounsar.
22. However, Ms. Sheetal Nanda, Commissioner/Secretary to Govt. Social Welfare Department and Mr.Santosh D.Vaidya, Commissioner/Secretary to Govt., Finance Department, Govt. of UT of J&K have least bothered to present themselves in person for today's hearing for the reason best known to them which in the estimate of this Court is nothing but a willful defiance of the direction for their personal appearance meant for today.
23. The said two officers namely Ms. Sheetal Nanda, Commissioner/Secretary to Govt. Social Welfare Department and Mr.Santosh D.Vaidya, Commissioner/Secretary to Govt., Finance Department have by their absence self warranted for themselves coercive measures for securing their presence.
24. Mr. Malik, Sr.AAG submits that he has filed compliance report dated 04.10.2024 and the words which have come in the compliance report is that the claim of the petitioners is devoid of merit and does not satisfy three primary conditions of Rule 175 CSR of 1956 and accordingly rejected vide Govt. Order No. 188-JK(SWD) of 2024 dated 04.10.2024. This response further compounds the contempt at the end of the said two officials in the sense that if that was the known position in terms of Rule 175 CSR of 1956 then the respondents should have not missed it to be cited at the very first instance be it in the writ petition, LPAs and /or even in SLP and therefore, this Court, records its serious concern that the two contemnors are somehow set upon to hoodwink the court by passing a mechanical order just to escape from the clutches of the contempt.
25.Accordingly, this Court directs the Registrar Juridical of this Court to issue bailable warrants for an amount of Rs.50,000/- each against the said two officers for their personal appearance before this Court on 11.10.2024 to be delivered to the Director General of Police UT of J&K by tomorrow, who shall get the same executed on the said officers with the return of process by next date of hearing i.e. 11.10.2024, failing which this Court will be constrained to even direct the Director General of Police to appear before this Court on the next date to explain his default in serving the bailable warrants along-with both said officers.
26. List on 11.10.2024.
27. Copy of this order be provided to Mr. A.R.Malik, Sr.AAG for notice and compliance at the end of two contemnors, under the seal and signature of Bench Secretary.
( RAHUL BHARTI ) JUDGE Srinagar 07.10.2024 Muzammil. Q