CAT expresses dismay over ‘willful disrespect’ to court orders

Srinagar, Feb 29: The Central Administrative Tribunal (CAT) in Srinagar Thursday expressed its “anguish and dismay” over what it observed as “willful disrespect” by the authorities of the Transport Department to court orders.

“Prima facie it appears that the respondents (authorities) are willfully disrespecting the orders of the Court. Judicial orders cannot be circumvented on lame excuses,” a bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), said.

Citing the orders dated September 25, 2023, November 6, 2023, and December 21, 2023, related to the release of wages earned by a man since 2007, the court observed that the competent authorities have been taking the orders casually passed by it from time to time.

While the court reiterated that lethargy, ignorance, official delays, and absence of motivation could hardly be offered as any defence in an action for non-compliance, it said: “Courts cannot be silent spectators to the conduct of the violators, as people will lose faith in this temple of justice, which ultimately may lead to erosion and a state of anarchy.”

The court observed that in its order dated September 25, 2023, RTO Kashmir Shahnawaz Bukhari made a statement that he would personally monitor the compliance of the order and judgment passed by the court.

“Personal appearance of the Administrative Secretary Transport Department was exempted as the court took a lenient view in the facts and circumstances as were projected by his counsel,” the court said.

It observed that vide order dated November 6, 2023, the then Transport Commissioner Rahul Sharma submitted that the case for release of legitimate dues had been forwarded to the Finance Department.

The court also underscored that the counsel representing the government on November 6, 2023, referred to a communication dated October 30, 2023, addressed by the Under Secretary to Government Transport Department to Transport Commissioner, which, it said, depicted a very sorry state of affairs wherein official lethargy of the department was writ large.

The court observed that in the order dated December 21, 2023, it was directed that the Transport Commissioner along with RTO Kashmir would remain present before the court and the matter would be taken at 4:30 pm.

“Today, the matter came up for consideration, neither the Commissioner Secretary Transport nor Transport Commissioner nor RTO Kashmir is present,” the court said. “At least they would have moved a motion before the court for their exemption.”

The court observed that Waseem Gul, counsel representing the authorities made a statement at the Bar that the respondents had arranged the funds and due to some formalities, they were not in a position to release the same.

“When confronted as to what are these formalities, Gul submitted that since ARTO had been transferred, such formalities are pending,” the court said.

Mir Suhail, counsel for the petitioner, submitted that the statement had been made again and again by the counsel.

Following this, the court expressed its “anguish and dismay” for the “gross non-compliance to its order dated December 21, 2023.”

“We would have been compelled to issue a bailable warrant for seeking the presence of the concerned officials as envisaged in terms of Section 17 of the CAT Act, read with rules, Contempt of Court CAT Act, 1992, however, given the submission made by learned counsel for the respondents we defer this matter by a week. However, once again, we reiterate the order dated December 21, 2023,” the bench said.

While the court directed its Registry to convey a copy of the order to J&K’s Commissioner Secretary, Transport Commissioner and RTO Kashmir for compliance, it listed the matter for consideration on March 11.