Mrs. Nowshaba Rashid vs Mr. Pawan Kotwal ...
2023 Latest Caselaw 111 j&K/2

                                                         S. No. 26
                                                         Regular Cause List
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                         CPSW No. 564/2017
                        In SWP No. 1021/2013

Mrs. Nowshaba Rashid                             ...Appellant/Petitioner(s)

Through: Mr. Shakir Haqani, Advocate
                                   Vs.

Mr. Pawan Kotwal Commissioner/Secretary                  ...Respondent(s)
to Govt. and Anr.

Through: Ms. Asifa Padroo, AAG
CORAM:
 HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
                              ORDER

22.02.2023

1. In the instant contempt petition, the petitioner is seeking initiation of contempt proceedings against the respondents/contemnors for willful disobedience of judgment/order dated 11.03.2016 passed by this Court in SWP No. 1021/2013.

2. In terms of order dated 08.02.2023, the respondent no.1-present Commissioner/Secretary to Government, Health and Medical Education Department Civil Secretariat, Srinagar/Jammu, as also Respondent no.2-Director, Health Services, Srinagar, Kashmir, were directed to remain present in person along with record of the case. However, it was made clear that summoning of the respondents/contemnors should not stand in their way in reporting the compliance of the judgment dated 11th March 2016. While passing the said order, this Court had taken into consideration the multiple responses/statements of facts/compliances filed by the respondents and the same were found to be uncalled for inasmuch as unwarranted as the same were considered and rejected by this Court in terms of order dated 20th November 2022.

3. Respondents have filed statement of facts on 22nd February 2023, wherein it is stated that the Department vide communication bearing O.M. No. HD-Lgal/111/2022-08 (CC-170394) dated 16.02.2023, issued reminder to Commissioner/Secretary, General Administration Department, inviting his attention towards O.M. No. HD- Lgal/37/2022-02 (CC-133264) dated 22.04.2022 and order dated 08.02.2023, passed by this Court in the above titled case, requesting therein to do the needful as the Department facing contempt proceedings.

4. What gets revealed from the perusal of statement of facts is that respondents have not complied with the judgment/order passed by this Court. From their conduct, it appears that they have willfully violated the judgment/order of this Court. Since in terms of order dated 08.02.2023, respondent no.1-present Commissioner/Secretary to Government, Health and Medical Education Department Civil Secretariat, Srinagar/Jammu, as also Respondent no.2-Director, Health Services, Srinagar, Kashmir, were directed to remain present in person before this Court along with record of the case, but they chose not to appear, therefore, this Court is left with no option but to take recourse to coercive measures against them. However, Ms. Asifa Padroo, learned AAG, has assured this Court that they will remain present in person before this Court along with record of the case on the next date of hearing. On assurance given by Ms. Asifa Padroo, learned AAG, matter is adjourned for two weeks.

5. List this matter on 09.03.2023.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 22.02.2023 Manzoor