Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Shri Rigzin Sampheal ... on 1 March, 2021
Serial No. 119
Supplementary list
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CCP 01/2020 in
CPSW No. 380/2018
Robkar
..... Petitioner(s)
Through: -
Mr. Jahangir Iqbal Ganaia, Sr. Advocate with
Ms. Humaira Shafi, Advocate
V/s
Shri Rigzin Sampheal Commissioner Secretary
..... Respondent(s)
Through: -
Mr. D. C. Raina, Advocate General with
Mr. Shah Aamir, AAG
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
(ORDER)
01.03.2021
Respondent No. 2-Ghulam Nabi Itoo, who is presently posted as
Director, Tourism Kashmir, is present in person. Reply to the show cause
notice stands filed by him, copy whereof furnished to Mr. Jahangir Iqbal Ganai,
learned senior counsel.
Perusal of the reply reveals that the answering respondent was posted as
Director, School Education, Kashmir, between May, 2017 to 22nd February,
2019 and, as stated, in the reply, the case of the petitioners stands submitted to
the Government for compliance of the Judgment. It is stated that since
February, 2019, the respondent No. 2, being not having the access to the
records of the Directorate on being transferred, therefore, he could not submit
the latest status of the case.
Prima facie view about the commission of contempt by the respondent
No. 2, stands already taken, therefore, the Rule stands issued, as such, the
respondent No. 2, has to wait till the decision in the contempt petition.
However, for the time being, the Court is satisfied about his conduct, as such,
the said respondent No. 2, is exempted from personal appearance till further
orders subject to the condition that the respondent No. 2, will make
arrangement for his appearance through counsel.
Respondent No. 3-Dr. Naseer Ahmad, who is presently posted as
Additional Deputy Commissioner, Budgam, is also present in person, has filed
reply to the show cause notice, stating therein that while holding the additional
charge of Chief Education Officer, Budgam, in the year 2018, all the relevant
documents pertaining to the case, were submitted to the Director, School
Education, Kashmir, for implementation of the Judgment, because the authority
lies with the Government/Director, School Education.
Prima facie view about the commission of contempt by the respondent
No. 3, stands already taken, therefore, the Rule stands issued, as such, the
respondent No. 3, has to wait till the decision in the contempt petition.
However, for the time being, the Court is satisfied about his conduct, as such,
the said respondent No. 3, is exempted from personal appearance till further
orders, subject to the condition that the respondent No. 3, will make
arrangement for his appearance through counsel.
Despite various directions, Mr. B. P. Singh-respondent No. 5, Secretary
to Government, School Education Department is not present. When asked, Mr.
Shah Aamir, learned AAG, submits that the orders passed by this Court 11th
December, 2020, 20th November, 2020 and 19th October, 2020, has been
challenged in Letters Patent Appeal before the Division Bench and because of
paucity of time, the matter could not be taken up when listed on 25 th February,
2021.
Mr. Shah Aamir, learned AAG, was pointedly asked as to what are the
grounds to challenge the order dated 16.02.2021 and other orders dated 11th
December, 2020 and 19th October, 2020, in LPA, as the respondent No. 5, by
the order dated 16.02.2021, had merely been called for interaction to ascertain
the reasons of non-compliance of the Judgment, submits that the LPA is filed
by Mr. Aseem Sawhney, learned AAG. After taking note of the orders passed
in this contempt petition by this Court from time to time, the Court thought it
proper to seek assistance of learned Advocate General, therefore, the learned
Advocate General appeared by virtual mode, submits that he may be given
short time to ascertain the position. Last opportunity is given to respondent No.
5-Secretary to Government, School Education Department to appear in person
along with compliance, as directed, failing which coercive methods shall be
taken for ensuring his presence.
Copy of the order be provided to Mr. Shah Aamir, learned AAG, for
making the same available to the learned Advocate General, during the course
of day, under the seal and signature of the Bench Secretary today itself.
List on 08.03.2021 for continuation of arguments.
(Ali Mohammad Magrey)
Judge
SRINAGAR
01.03.2021
"Mohammad Yasin Dar"
MOHAMMAD YASIN DAR
2021.03.01 17:13
I attest to the accuracy and
integrity of this document
