For defying its orders, the High Court on Monday directed the government not to release salary of Chief Engineer, Irrigation and Flood Control (I&FC) Department, Kashmir till further orders.
The court directed the Commissioner Secretary I&FC toreport compliance of Single Bench judgment delivered in a service writpetition, by June 3 failing which similar orders shall follow for him also.
While hearing a contempt plea by one TahiraBanoo through heradvocate B A Zargar, bench of Justice Ali Muhammad Magrey observed that as andwhen the contempt was taken up during last four years by the court, theapproach of the state counsel was to delay the implementation of the judgmentciting pendency of time-barred appeal along with condonation of delayapplication and a Review petition filed by the respondents.
After perusal of the Review Petition, the court said, it wasnoticed on August 6, 2018 that the respondents sought time to reportcompliance.
“Without going into the details of the orders passed fromtime to time, it shall be relevant to take note of the order dated 11.03.2019when the counsel appearing for the respondents sought time to either reportorders of the Supreme Court in SLP claimed to have been filed by the Stateagainst the decision of this court or to submit the compliance,” the courtsaid.
The court held that while noticing delay in implementationof the orders, it had granted further time to the respondents to either submitthe orders of the Supreme Court in their SLP or to submit the compliance.
Observing that even as more than two months have passed noresponse has been filed yet. “Today when the matter was taken up, the officer(Chief Engineer) present in person as also his counsel submitted that thematter is under active consideration of government that is CommissionerSecretary, I&FC Department”.
“Since there is no compliance filed by the respondents, itis directed that the release of pay shall be stopped in favour of the ChiefEngineer, I&FC Department, Kashmir, till further orders.”