For ‘defying orders’ CAT warns DHSK against ‘contempt’

Srinagar, Dec 19: The Central Administrative Tribunal (CAT) Srinagar Tuesday expressed its displeasure for "casual attitude" by the Director Health Services Kashmir (DHSK) with regard to compliance of its orders saying the same necessitates “framing of rule against the official”.

“The matter came up today for consideration, yet again despite ample opportunities, neither the reply has been filed nor Director Health Services, Kashmir is present before this Court to explain as to why proceedings as warranted under law are not initiated against him for willful disobedience of the orders passed by the Court from time to time,” a division bench of M SLatif Member (J) and Prasant Kumar Member (A) said, while hearing a contempt plea.

In response to the submission by the DAG for the respondents (authorities) that he may be given one day to comply with the orders dated 16-10-2023 and 14-12-2023, the Court asked the DAG to convey the order passed by it on Tuesday to the concerned and by Wednesday he will file his reply to comply both the orders.

The Court issued the directions after it observed that “perusal of the file reveals that vide order dated 06-10-2023, the DAG, accepted notice and sought a week's time to give a short affidavit to the effect as was contained in the said order. Then the matter, the court said, came up for consideration on 16-10-2023.

The Court noted that DAG was directed to file his detailed reply supported by an affidavit within a period of one week and it was further ordered that in absence of the detailed reply Court would proceed in accordance with law.

At the same time, the copy of the order was ordered to be served upon the Director Health Services, Kashmir through e-mail and a report of the registry revealed that a copy of order dated 16-10-2023 had been sent to the Director.

The Court further observed that when the matter came up for consideration on 29-11-2023,the DAG sought and was granted ten days time for filing the reply and the matter was listed on 14-12-2023. “Yet again on 14-12-2023, respondents had failed to file their response as was ordered vide previous orders”.