‘Defiance of court directives’: HC orders framing of ROBKAR against Principal Secretary Finance

Srinagar, Oct 14: The High Court of Jammu and Kashmir and Ladakh has directed the Principal Secretary, Finance Department, to explain within two weeks as to why he should not be punished for defying its orders “wilfully”.

Dealing with a contempt plea, a bench of Justice Wasim Sadiq Nargal directed Registry of the court to frame ROBKAR/Rule against the Principal Secretary, Finance Department, Santosh D Vaidya, “contemnor”, asking him to explain by filing a reply within two weeks as to why he should not be proceeded against and punished under the Contempt of Courts Act, 1971.

In his contempt plea, the petitioner submitted that the court in its judgment on May 28 last year directed the authorities concerned to release Rs 68.50 Lakh in his favour within a period of six weeks from the date a copy of the order was made available to them.

The court had also ordered that in case the sum was not released in the petitioner’s favour within the stipulated time, the outstanding amount, along with interest at the rate of 9% shall be payable to him from the date of filing of the petition, that is, September 30, 2021. Furthermore, the interest component would be payable by the officer(s) on whose account such delay occurred, the court said.

The Court observed that the statement of facts filed on behalf of District Development Commissioner, Rajouri on August 21 this year stipulated that he had taken the matter with the Administrative Department - Rural Development Department previously and also with the Finance Department. “Yet, the funds have not been made available to him,” the court said.

“ Since, respondent No. 2 (Santosh D Vaidya) has shown scant respect to the orders passed by this court from time to time and he has not bothered to appear before this Court on 18.08.2025 & 26.09.2025 and instead has filed applications for seeking exemption without any justifiable ground,” the court said, adding, “Neither, he has bothered to appear before this Court in terms of the orders passed by this Court nor he has complied with the Court orders and has not released the funds”

Therefore, the court said, the act of the respondents with particular reference to Santosh D Vaidya is wilful and deliberate with a view to avoiding implementation of the order passed by the Court.

“Thus it is a fit case, where the ROBKAR/Rule is required to be framed against the Principal Secretary, Finance Department (Santosh D Vaidya) at the first instance for his willful and deliberate conduct not to comply with the orders of this Court”, it said. The Court, accordingly, directed its Registry to frame ROBKAR/Rule against the Principal Secretary.