Srinagar, Feb 09: In O.A./413/2023 (SRINAGAR) titled MOHD SADIQ LONE Vs PUBLIC WORK DEPARTMENT (R&B) after hearing CAT ordered as under:-
1. Perusal of the orders on file reveals that despite opportunities, respondents failed to file their response, at the same time, the petitioner was also not active in pursuing the case which was dismissed non-prosecution.
However, the same was restored and the matter came up for consideration before this Court but again the response was not filed.
2. On 26-09-2024, Mr. Jeetender Singh, GA vice Mr. Waseem Gul, GA submitted that he be granted last chance of four weeks to file his reply. Prayer was allowed. It was ordered that if reply was not filed, Chief Engineer, R&B, Srinagar Kashmir to be present before this Court to explain his position as to why response has not been filed despite several opportunities.
3. Then on 05-12-2024, again reply was not filed. Mr. Jeetender Singh, GA vice Mr. Waseem Gul, GA submitted that the Chief Engineer is not present for the reasons that he did not convey the orders of the Court to the concerned officer.
In this view of the matter a lenient view was taken, otherwise the court was reluctant to have exercised its power as contained under Rule 9 of Contempt of Courts (CAT) Rules, 1992 by issuance of bailable warrant in the first instance for seeking the presence of incumbent Chief Engineer.
4. Today, the matter came for consideration. Yet again, neither the Chief Engineer is present, not the reply has been filed. It is for this reason that cases get delayed and courts are piled up with such cases. Delay in filing the replies despite opportunities definitely delays dispensation of justice.
This court is left with no option but to seek the presence of the Chief Engineer, R&B Srinagar by issuance of bailable warrant to the tune of Rs 10,000 to be executed by SSP, Srinagar.
At this stage, Mr. Jeetender Singh, GA vice Mr. Waseem Gul, GA submits that he will comply with the order passed by this Court in letter and spirit.
5. On the next date, the Chief Engineer, R&B Srinagar shall be present before the court. The official be present at 11 AM. The presence is sought in the peculiar facts and circumstances of the case and in view of the brazen non-compliance of earlier orders and in order to uphold the rule of law. 6. List this matter before Division Bench on 04-03-2025. Registry of this court to convey a copy of this order to Chief Engineer, R&B, Baramulla.
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