Jammu & Kashmir High Court

Harbans Singh vs Saurabh Bhagat on 9 October, 2024

Author: Vinod Chatterji Koul

Bench: Vinod Chatterji Koul

                                                                             Sr. No. 60

              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

                                                                   CPSW No. 578/2018
                                                                   In
                                                                   SWP No.107/2017

Harbans Singh                                                 ....Petitioner(s)/Appellant(s)

                          Through :- Nitin Bhasin, Advocate

V/s


Saurabh Bhagat, Secy. Forest                                               ....Respondent(s)
and Anr.


                          Through :- Mr. Amit Gupta, AAG
                                     Mr. K. D. S Kotwal, Dy. AG

CORAM: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
                     ORDER

09.10.2024

01. This Court while considering this petition on 29.01.2024, has observed that

denying the consequential benefits to the petitioner is, on the face of contempt

of this Court and the said observation was also made clear to the Financial

Commissioner (Additional Chief Secretary) concerned. Thereafter on

15.04.2024 this Court passed following order:-

"In compliance with order dated 29th January, 2024, fresh compliance report dated 14th March, 2024 has been filed by the Commissioner/Secretary to Govt., Forest Department and the stand taken is that with a view to confer retrospective benefit of regularization upon the petitioner, the matter has again been taken up with the competent authority through department of Finance and GAD. Requisite orders, it is submitted, shall be passed after the approval is received from the competent authority. Mr. Amit Gupta, learned AAG submits that the process is likely to take atleast four more weeks and, therefore, the matter may be adjourned so as to enable the respondents to comply with the judgment of this Court in its letter and spirit. On the request of Mr. Gupta, appearing for the Forest Department, time to comply with the judgment is extended by four weeks making it clear that in case needful is not done by the next date of hearing, Commissioner/Secretary to Govt., Department of Forest, Commissioner/Secretary to Government, Department of Finance and

Commissioner/Secretary to Govt., General Administration Department shall appear in person on the next date of hearing."

02. Again on 30.08.2024, when the case was taken up for hearing, it was stated by

the respondents that the order of the Court stands complied with, but while the

Court took into the consideration the submissions made by learned counsel or the

respondents/contemnors, this Court passed the following order:-

"1. Mr. Eishaan Dadhichi, appearing for respondent/contemnor 4 states that the orders of this Court have been complied by respondent /contemnor 4. However nothing is forthcoming in this regard from the record except that a letter dated 09.01.2024 has been referred and annexed with the statement of facts filed on behalf of respondent /contemnor which letter has already been considered and taken cognizance of by this Court on 29.01.2024 and consequently granted one more opportunity to the respondents/contemnors to come up with the compliance report within four weeks' time.

2. Having regard to the fact that none appears for the respondents/contemnors 1 to 3 and that the said respondents have had been directed to appear in person in terms of previous order dated 15.04.2024, this Court is compelled to take recourse to the coercive measures and direct that the appearance of Commissioner Secretary to the Government, Forest Department, Commissioner Secretary to the Government Finance Department be secured through issuance of bailable warrants to the tune of Rs. 10,000/- each, to be executed through the SSP concerned."

03. Again this Court on 06.09.2024, this Court passed the following orders:-

"1. The record reveals that the order dated 06.07.2018 passed by this Court in SWP No. 107/2017 is yet to be complied with in its letter and spirit and Mr. Amit Gupta, learned AAG has provided copy of the fresh compliance report to the Court on 29.01.2024 alongwith Government Order No. 23-JK (FST) of 2024 dated 25.01.2024, which was taken on record and perusal whereof reveals that the judgment passed by the Court has been partially complied with.

2. Since the judgment was partially complied with, this Court granted one more opportunity to the respondents to comply the judgment in its letter and spirit and come up with fresh compliance report. While passing the order dated 29.01.2024, the Court made it clear that the order of consideration passed by the Financial Commissioner (Additional Chief Secretary) concerned on 25.01.2024, denying consequential benefits to the petitioner, on the face of it, tantamounts to committing contempt of the Court

3. In compliance to the aforesaid order dated 29.01.2024, fresh compliance report dated 14.03.2024 has been filed by the Commissioner Secretary to Government, Forest Department, in which a specific stand was taken that with a view to confer retrospective benefits of regularization upon the petitioner, the matter is again being taken with the competent authority through Department of Finance and General Administration Department (in short, "GAD").

4. In view of the aforesaid development, Mr. Amit Gupta, learned AAG submitted before the Court that since the process is likely to take at least four

more weeks, therefore, he sought an adjournment so as to enable the respondents to comply the judgment of this Court in its letter and spirit.

5. Pursuant to the request made by Mr. Amit Gupta, learned AAG, time to comply the judgment was extended by another four weeks by making it clear that in case, needful is not done by the next date of hearing, in that eventuality, Commissioner Secretary to Government, Department of Forest, Commissioner Secretary to Government, Department of Finance and Commissioner Secretary to Government, GAD shall appear in person on the date fixed. This happened on 15.04.2024.

6. When the matter was listed before this Court on 30.08.2024, none appeared on behalf of respondent Nos. 1 to 3 and the Court was compelled to take recourse to the coercive measures and directed the appearance of Commissioner Secretary to Government, Forest Department and Commissioner Secretary to Government, Finance Department through issuance of bailable warrants to the tune of Rs. 10,000/- each, to be executed through Senior Superintendent of Police concerned.

7. When the case was taken up today, neither the respondents/contemnors were present nor the judgment stands complied with. The report of the Registry reveals that bailable warrants issued to the Commissioner Secretary to Government, Forest Department and Commissioner Secretary to Government, Finance Department through SSP concerned for execution, have been delivered by the Process Server of this Court to Chief Prosecuting Officer, High Court, Jammu and photocopy of the receipt attached reveals that the warrants have not been received back served or unserved on 05.09.2024. However, two separate applications bearing CM Nos. 5259/2024 & 5294/2024 have been filed on behalf of Financial Commissioner (Additional Chief Secretary), Forest, Ecology & Environment Department and Principal Secretary to Government, Finance Department for recalling of order dated 30.08.2024 passed by this Court.

8. At this stage, Mr. Amit Gupta, learned AAG and Mr. K.D.S. Kotwal, learned Dy. AG submit that the order passed by this Court dated 06.07.2018, which has been reiterated in the instant contempt petition, will be complied with in its letter and spirit by passing a fresh consideration order strictly in tune with the order/judgment passed by this Court insofar as it relates to release of consequential benefits is concerned and also keeping in view the order passed by this Court dated 29.01.2024.

9. In the light of the assurance extended by both the learned counsels appearing on behalf of the respondents, let fresh consideration order be passed in tune with the judgment passed by this Court dated 06.07.2018 within one week, alongwith compliance report with copy in advance to the learned counsel for the petitioner, failing which, Commissioner Secretary to Government, Department of Forest, Commissioner Secretary to Government, Department of Finance and Commissioner Secretary to Government, GAD shall appear in person and this Court will be constrained to initiate coercive measures against the respondents. It is made clear that in case, judgment dated 06.07.2018 is complied with, they need not appear before this Court on the next date of hearing."

04. Thus, from the perusal of the aforesaid orders it is clear that the conduct of the

respondents makes it clear that they have disobeyed the order of the Court.

05. Mr. Amit Gupta, learned AAG submits that respondents have filed compliance

report on 13.09.2024, perusal whereof would reveal that the compliance report

filed is repetition of the earlier report which was rejected by this Court on

06.09.2024, by observing that consequential benefits have not been granted.

06. It is evident from the conduct of the said respondents that they have willfully

defying the order passed by this Court. They have also not bothered to appear

despite directions passed by this Court in this regard. The respondents have also

not responded to the notice issued in the ROBKAR, wherein they were asked to

show cause as to why they be not punished for the aforesaid conduct.

07. List this matter on 11.10.2024 at 10.30 A.M at what time respondents shall