CAT asks Addl Resident Commissioner to refrain from ‘harassing’ employees for filing petition

Srinagar, Mar 21: The  Central Administrative Tribunal (CAT) in Srinagar has directed Additional Resident Commissioner, J&K Resident Commission New Delhi to refrain himself from “harassing” the employees who have petitioned the Tribunal for redressing their grievances.

A bench comprising MS Latif , Member (J) and Prasant Kumar, Member (A) passed the order after hearing the aggrieved employees through their counsel and the government.

Counsel for the applicants submitted that following an order passed by the tribunal on a plea, a show cause notice was issued upon them on February 21 this year by the Additional Resident Commissioner wherein the applicants were asked to show cause and to provide satisfactory explanation within a period of two days and that failure to respond within the prescribed period would result in the matter being referred to the Police authorities for further investigation.  The tribunal observed that perusal of show cause notice dated 21-02-2025 revealed that a copy of the notice had been endorsed to Registrar Judicial, J&K High Court along with a copy of the petition with a request to conduct a thorough investigation in the matter. “In addition to other officials, a copy has also been endorsed to SSP CID Cell/CO IRP 18th Bn,” it said.

The show cause notice further reveals that the Office has CCTV footage and other relevant documents to substantiate that on the date, the applicants were present in the office as such according to the ARC, the applicants have misled not only his office but have also provided false information to this Court. The counsel for the applicants submits that show cause notice was duly replied by the applicants. “It did not end at the show cause notice only but after the issuance of the show cause notice, some of the applicants were transferred, some were ordered to vacate their residential quarters which were otherwise allotted in their favor”.

In response to the submissions, the tribunal held that the competent authority is within its powers to maintain the discipline in his organization by only adhering to the relevant rules, procedure and the statute. “At this stage, we would not like to comment on any proceedings which, in the estimation of the competent authority, are warranted in accordance with the law but however we direct the Additional Resident Commissioner, J&K Resident Commission to refrain himself from harassing the applicants in any manner which law would not countenance,” the tribunal said. It asked its registry to serve the show cause notice upon the Additional Resident Commissioner by e-mail to be provided by the Government Advocate.  “At the same time, the Registry is also directed to serve a show cause notice by speed post upon the official address of the incumbent returnable within two weeks".

The tribunal also asked the Registry to serve a copy of the order it passed upon J&K’s Chief Secretary as also on Commissioner Secretary to Govt Hospitality and Protocol Department J&K. The tribunal also requested the Registrar Judicial, J&K High Court, at Jammu or Srinagar to send the record of the communication addressed by Additional Resident Commissioner vide communication no. KRC/Misc/770-73/25 dated 21-02-2025 to the tribunal including records of action taken, if any, on the communication.

“The respondent namely Anil Sharma presently Additional Resident Commissioner, J&K Resident Commission, New Delhi by addressing a letter to Register Judicial, J&K High Court requesting to initiate a comprehensive inquiry into the matter has prima facie interfered in the course of justice and has tried to attack and scandalize Courts,” the tribunal said.

“There is nobody above law as law is supreme and we are all subservient to it. Courts are vested with the powers to administer justice. This Court is not only to do justice but has to see that justice is done.” “The judiciary is the guardian of the rule of law, hence, judiciary is not only the third pillar but the central pillar of the Democratic State,” the Tribunal said, adding, “In a democracy like ours, where there is a written constitution, it is above all institutions and individuals”. The tribunal underscored that the Judiciary has a special and additional duty to oversee that all individuals and institutions including executive and legislatures act within the framework of not only the law but also the fundamental law of the land.