Painful: CAT to PSC over dilatory approach to produce record

Srinagar, Jan 30: In an apparent frown at the Jammu and Kashmir Public Service Commission(PSC) for its remiss to produce record related to the selection process of Assistant Professors in the Higher Education Department, the Central Administrative Tribunal (CAT) Tuesday termed as “painful” the ordinary approach of authorities in dealing with orders of the court.

“The ordinary approach of the respondents in dealing with orders of the Court is painful. People approach Courts to seek justice otherwise why should a citizen knock on the doors of justice using his patience, time and resources,” a bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), said, while returning an envelope to PSC which did not contain the record as directed by the court.

The tribunal observed that a detailed order was passed on October 4 last year wherein the PSC was directed to place before the court a certified copy of the record about the selection process of APs to date along with the opinion of the experts tendered in response to the representations submitted by the applicant in a sealed cover.
The court observed that the matter came up again on November 10, 2023, and counsel appearing for PSC sought two weeks further time for filing the necessary affidavit along with record of the case in a sealed cover as was directed in terms of the order dated October 4, 2023.

The tribunal said that again on November 28 last year, the matter came up for consideration and counsel for the PSC, made a submission at the Bar that he be granted the last and final opportunity to submit the reply and the record.

“In absence, it was directed that the Secretary PSC be present before the court to explain his decision as ultimately it is the rule of law which has to be upheld and protected,” it said.

The tribunal noted that on Tuesday when the matter came up for consideration, the PSC’s counsel came up with an envelope which according to him contained all the records as was directed by it on October 4, 2023.

“The instant envelope was opened in the open court in the presence of the counsels for the parties and on opening it was found that the record in the envelope is not certified and is not as was directed by the court,” it said.

The court returned the envelope containing the record as submitted by the counsel for PSC to him in the open court with a direction to submit an affidavit in tune with the order passed by the court on October 4, 2023.

While the court granted two weeks to the counsel to submit an affidavit along with the required record, it listed the matter for further consideration on February 21, 2024.