JAMMU, Nov 18: In a petition highlighting dearth of staff at various levels in the High Court and District Courts, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Sanjay Dhar has directed the respondents to complete the process of creating 334 posts within a period of 60 days.
DB while hearing observed, “this is a writ petition that has been pending since the year 2017, which however, has undergone a change in texture and character over a period of time and has extended its avenues beyond the specific prayer of the petitioners”. “
DB also added that it is not for the UT to examine whether the requirement of the High Court is just or improper and the High Court through the Chief Justice is the sole authority which is entitled to decide its requirement and there can be no examination of the same by the executive.
DB also added that it is understandable, if the executive had expressed its inability to comply on grounds of lack of funds but anything beyond that of examining whether the requirement is justified or not is an act of gross contumacious conduct.
This High Court shall understand and accommodate the UT if the question is restricted only to the issue of finances. But we would take very serious note henceforth, if committees are made to sit and ascertain and assess the requirement of this court.
If it is ever so done again, this court shall exercise its powers to initiate proceedings of contempt against those officers for their indiscretion”, DB said.
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