Jammu & Kashmir High Court
Kamaljit Singh vs Farooq Ahmed Shah And Others on 30 October, 2023
Serial No. 34
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CPOWP No. 287/2018
Kamaljit Singh .....Appellant(s)/Petitioner(s)
Through: Mr. Sachin Gupta, Advocate.
Vs
Farooq Ahmed Shah and others ..... Respondent(s)
Through: Mr. Amit Gupta, AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(30.10.2023)
The instant contempt petition has been filed for non-implementation
of the order/judgment passed by this Court on 17.05.2018 whereby direction
was issued to the respondent No. 2-Chief Engineer, Irrigation and Flood
Control, Jammu to make payment of the admitted amount, which is due and
payable to the petitioner within a period of six weeks from the date of receipt of
a certified copy of the order passed by this Court.
The aforesaid order/judgment came to be passed by this Court way
back in 2018 and till date the aforesaid order/judgment has not been complied
with by the Chief Engineer, Irrigation and Flood Control, Jammu who is present
in person.
When the matter was taken up on 11.09.2023, he has made a categoric
statement before this Court that the Committee constituted by him has verified
the work of the petitioner and has submitted the same for approval before the
Empowered Committee for final disposal of the claim and, accordingly, six
weeks time was granted to comply with the order/judgment dated 17.05.2018 in
its letter and spirit. However, it was made clear that, in case, the needful is not
done, he shall remain present in the Court on the next date of hearing.
Today when the case was taken up, Mr. Manoj Gupta, Chief
Engineer, Irrigation and Flood Control Department, Jammu who is present in
person has taken altogether a different stand that it is not in his domain to
release the payment as the final approval has to be given by the Empowered
Committee which, in this regard, is the General Administration Department in
terms of Government Order No. 1137-JK(GAD) of 2021 dated 27.10.2021 and
the said Committee is headed by the Financial Commissioner being the
Chairman of the said Committee which stand he has not taken on the day when
the matter was taken up on 11.09.2023 and even otherwise, also a direction has
been issued only to the Chief Engineer by this Court way back on 17.05.2018 to
release the payment of the admitted amount in favour of the petitioner.
The aforesaid order/judgment has assumed finality and
order/judgment which was required to be complied within six weeks has not
been complied with as on date even after lapse of more than five years and the
respondents instead are adopting delaying tactics by changing stance according
to their convenience with a view to frustrate the direction passed by this Court.
The respondent No. 2 who is present in person is not aware of the
outcome of the decision taken by the Empowered Committee constituted in this
regard and rather has shifted the onus for non-compliance of the directions
passed by this Court on the said Empowered Committee.
Mr. Amit Gupta, learned AAG appearing on behalf of the respondents
submits that Mr. Manoj Gupta, Chief Engineer, Irrigation and Flood Control
Department, Jammu has already replied to the queries raised by the Empowered
Committee constituted in this regard and, accordingly, he seeks four weeks
further time to make payment strictly in conformity to the order/judgment dated
17.05.2018 passed by this Court.
Although, six weeks time was granted to him by this Court on
11.09.2023 to comply with the order/judgment by this Court on 17.05.2018
which till date has not been complied with and today some more time is sought
by the Chief Engineer, Irrigation and Flood Control Department, Jammu on the
ground that Empowered Committee is likely to take a decision with regard to the
release of the payment in favour of the petitioner.
From the record, it appears that the respondents are taking
contradictory stand with a view to frustrate the order/judgment which assumed
finality and are deliberately delaying its implementation.
Accordingly, this Court is of the view that the Chief Engineer,
Irrigation and Flood Control Department, Jammu has prima facie committed
contempt of this Court. Before proceeding in the matter, last and final
opportunity is given to Mr. Manoj Gupta, Chief Engineer, Irrigation and Flood
Control Department, Jammu, who is present in person, to release the payment in
favour of the petitioner within a period of four weeks in tune with the judgment
passed by this Court and also in light of the statement made by him on
11.09.2023, failing which, this Court will be constrained to frame rule against
him.
Let the payment be released in favour of the petitioner on or before
the next date of hearing.
List on 02.12.2023.
Presence of the Mr. Manoj Gupta, Chief Engineer, Irrigation and
Flood Control Department, Jammu is dispensed with for the time being.
However, it is made clear that, in case, the payment is released on or
before the next date of hearing, Mr. Manoj Gupta, Chief Engineer, Irrigation and
Flood Control Department, Jammu need not to appear on the next date of
hearing. In case, if the judgment is not complied with before the next date of
hearing, Mr. Manoj Gupta, Chief Engineer, Irrigation and Flood Control
Department, Jammu shall appear in person.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
30.10.2023
Shivalee
