If order defied, execute bailable warrants against 2 top officers: CAT

Srinagar, June 23: The Central Administrative Tribunal (CAT) in Srinagar has asked the Director General of Police (DGP) to execute bailable warrants issued by it against J&K’s Commissioner Secretary, Social Welfare Department and Mission Director, ICDS, in case its order regarding the release of the provisional pension in favour of a retired employee of the Social Welfare Department was not complied with by July 9.

A bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), issued the direction after taking serious note of the non-appearance of the two authorities before the court, who were required to be present in keeping with its earlier order.

“Looking at the conduct of the officers, we are constrained to issue a bailable warrant to the tune of Rs 50,000 to be executed by the Director General of Police.  Waseem Gul, Government Advocate (GA), however candidly submits that he would comply with the directions passed by this court positively within two weeks from today,” the bench said in its order of June 21.

However, the court held that in case the order it had passed on February 10, 2023, was not complied with on or before July 9, issuance of a bailable warrant for the presence of the officers be acted upon.

In terms of the order of February 10, 2023, the tribunal had directed the authorities to release the provisional pension of the retired employee as per the rules.

The tribunal noted that for over 16 months now, the retired official had been made to toss from pillar to post for want of her provisional pension.

It observed that despite detailed orders passed from time to time, the provisional pension of the official was not released as the same could have been released in favour of her during the pending adjudication of her main plea.

“Without commenting upon the merits of the main case what was incumbent upon the respondents to have at least released the provisional pension as envisaged under Article 168-D of the Civil Service Regulations,” the tribunal said.

The court observed that the very insensitive and casual attitude of the authorities towards the order dated June 12, 2024, compelled it to issue a show cause notice to the Commissioner Secretary, Social Welfare Department and the Mission Director ICDS, J&K, to explain their position.

The tribunal said that neither the Commissioner Secretary, Social Welfare Department, nor the Mission Director, ICDH, J&K, were present to explain their position despite show cause notices being served to them.

However, it said, DPO Anantnag Sandeep Singh Bali and Law Officer in the Office of Directorate Mission Director, ICDS Srinagar, Zahoor Ahmad were present before the court.

The aggrieved official was represented by Advocate Mir Suhail.