Babu Ram Sharma vs Anu Radha Gupta
2023 Latest Caselaw 961 j&K

                                                                       Sr. No. 103


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                     CPSW No. 42/2019

Babu Ram Sharma                                          ....Petitioner/Appellant(s)

                    Through :- Mr. Ajay Bakshi, Advocate.


         V/s

Anu Radha Gupta, Director School                                 ....Respondent(s)
Education, Jammu and another

                    Through :- Mr. K. D. S. Kotwal, Dy. AG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                     ORDER

15.05.2023

CM no. 1233/2023

The petitioner has sought impleadment of the Commissioner/Secretary

to Government Finance Department as party respondent in the contempt petition.

The occasion for the petitioner to lay such motion came into picture by reference

to an order dated 21.02.2023 passed by this Court wherein this Court came to act

upon the submission made by Mr. Raman Sharma, learned AAG that the case of

the release of the salary arrears in favour of the petitioner is to take effect with

the sanction from the Finance Department for which the School Education

Department from its end has submitted the entire case and the requisite sanction

from the Finance Department Government of J&K is awaited.

Mr. K. D. S. Kotwal, learned Dy. AG representing Finance

Department submits that the Finance Department has nothing to do with the

compliance of the judgment of this writ court and it is for the

Commissioner/Secretary Education Department who carries the burden of

carrying the compliance of the judgment of the writ court in letter and

compliance. This Court finds that the compliance of Court order is being made a

shuttle cock leaving the petitioner loose time and energy in getting what has

been held to be given to him. Thus, this Court is left with no other option but to

direct the personal appearance of the Commissioner/Secretary to Education

Department- who is Mr. Alok Kumar to appear in person before this court.

Registrar Judicial, Jammu to send a copy of this order to the

Commissioner/Secretary, Education Department- Mr. Alok Kumar, for notice

and compliance.

List on 31.05.2023.

(RAHUL BHARTI) JUDGE

JAMMU 15.05.2023 Shivalee