CAT asks CS to issue administrative order for time bound ‘replies’

Srinagar, Oct 9; The Central Administrative Tribunal (CAT) in Srinagar Wednesday asked the Chief Secretary and Law Secretary to issue within four weeks an administrative order for time-bound ‘replies’ to pleas.

A division bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), urged the need for an administrative order to avoid delays in the disposal of the matters pending before the tribunal.

“We would like to request to Chief Secretary, in the first instance, to issue the necessary administrative order for vetting the replies, as timed bound, as such, an administrative order would not only expedite the disposal of the matters, which are pending in the court for want of timely reply, at the same time, repose the trust of people who knocks the doors of justice,” the bench said.

The tribunal asked the Chief Secretary and Secretary Law to consider issuing such administrative orders within four weeks saying the same would not only expedite the disposal of cases but also save the Court's time from unnecessary ineffective hearings for want of timely replies.

The direction came after the tribunal noted that despite an order it passed on a plea on August 20, no reply had been filed.

The tribunal said that the government advocate informed the court that the reply was ready and the same had been sent for vetting to the Law Department.

“The same statement was already made by the Divisional Commissioner on the last date of hearing. It is not understandable as to what time is taken by the law department for vetting,” it said.

The court observed that the presence of the Divisional Commissioner was exempted only on the plea that the reply would be filed and on the assurance given by Divisional Commissioner Kashmir, Vijay Kumar Bidhuri, who was then present through virtual mode.

The court reiterated that supremacy of law had to be upheld as whosoever, high or low, all were subservient to the law and there was nobody above the law.

“It is high time that the Chief Secretary of Jammu and Kashmir along with the Commissioner Secretary of Law will issue an administrative order in this regard,” it said.

While the court granted the government advocate two weeks to file a response positively as sought by him, it directed its Registry to send a copy of the order to the Chief Secretary.