FINE FOR DEFIANCE | ‘Rs 500 may be contemnor’s cup of tea but it will instill sense of responsibility’

Srinagar, Nov 16: For defying its orders, the Central Administrative Tribunal (CAT) has imposed costs of Rs 500 on a Superintending Engineer of Public Works (R&B) Department asking him to pay the same from his earnings.

“This court is compelled to impose paltry costs upon the official to make him realize as to how the Court orders are taken casually,” a bench of M S Latif Member (J) and Prasant Kumar Member (A) said. “An amount of Rs 500 may just be a cup of tea for the contemnor but the purpose behind is to put a sense of responsibility upon the officials that there is nobody above law and the majesty of law is supreme.”

The court observed that a litigant would never approach the court but is compelled to knock on the doors of justice by the compelling circumstances.
“The temple of justice cannot sit silent to glaring disobedience,” it said.
The court was hearing a contempt plea against the contemnors for having violated the judgment related to a service matter passed by it on August 30, 2022.
The court observed that on October 7, 2023, a detailed order was passed in the contempt plea whereby the contemnors were granted six weeks to file a status report as to why the judgment had not been complied with in its letter and spirit.

The court held that the authorities filed their Statement of facts signed by Fayaz Ahmad Baba, Superintending Engineer, PW(R&B) Circle Anantnag and Kulgam wherein it was averred that the petitioner’s case would be considered by the Departmental Promotion Committee as and when constituted in this behalf.

“Today, the matter coming up for consideration, a status report regarding the compliance of the judgment has not been filed,” the court said in its order of November 15.

In response to the submission by government advocate, Waseem Gul that one week be granted to him to file the status report, the court said: “The prayer of the government advocate is allowed only subject to cost of Rs 500 which shall be paid by the Superintending Engineer concerned from his earning and the same be deposited within one week in the Advocates Welfare Fund under a proper receipt”.

The government advocate assured the court that the needful would be done within a week which would be in tune with the judgment passed by the tribunal and at the same time, he said, costs as imposed
would be deposited on or before November 29.
While the court made it clear the costs would be deposited from the personal earnings of the SE concerned, it said a copy of the order it passed be sent to the Commissioner Secretary concerned.