JAMMU, Mar 20: Judicial Member of Central Administrative Tribunal Srinagar M S Latif today issued a bailable warrant in an amount of Rs 20,000 to seek presence of the Secretary, Planning, Development & Monitoring Department to be executed through SSP Srinagar, while hearing a contempt petition filed by Riyaz Ahmed Bandey.
Order reads that "Vide order dated 04.12.2024, the CAT granted one week’s time to the Government Advocate Waseem Gul to comply with the order passed by Tribunal in its letter and spirit. Today, when the matter came up for consideration, the reply was filed by the respondents and perusal of the same reveals that the answering respondents is awaiting formal orders which are required to be issued" & the affidavit was duly signed by Talat Parvez Rohella, Secretary to Government Planning Development and Monitoring Department. The CAT observed, “ordinarily, the Secretary to the Government, Planning, Development & Monitoring Department, ought to have been present before this court. I
n his absence, an exemption application should have been filed through his counsel, as the matter pertains to the release of pensionary benefits of the petitioner, who superannuated in April 2019.
Expressing dismay over the way court orders are being dealt with, the CAT said, the continuous non-compliance of order dated 23.11.2020, and the brazen disregard, shown by the official in not appearing before this court despite clear directions demonstrates lack of commitment in upholding the rule of law, leaving the court with no option but to resort to coercive mode.
Accordingly, in exercise of the powers conferred by the Contempt of Court CAT Rules, 1992, CAT has directed the Registry to issue a bailable warrant in an amount of Rs 20,000 to seek presence of the Secretary, Planning, Development & Monitoring Department to be executed through SSP Srinagar.
However, it has been made made clear that if the order of the court is complied with in letter and spirit by or before the next date of hearing, the bailable warrant shall be deemed to have been recalled.
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