Excelsior Correspondent
SRINAGAR, Aug 18: The Excessive Courtroom in the present day warned the Commissioner Secretary College Schooling Division to jail him for non-compliance of a court docket judgment.
The division bench of Appearing Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani warned the Commissioner Secretary College Schooling Division for imprisonment in case the judgment handed one and half yr in the past will not be carried out by the subsequent date of listening to.
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The petitioner Rashida Akhter has approached the court docket searching for retrospective impact to her regularization from April 29, 2010 when it comes to Civil Providers Particular Provision Act 2010 whereas she had been regularized prospectively from the date of issuance of the order of regularization by the Authorities w. e. f June 15, 2010.
Her plea was allowed when it comes to judgment dated 25.2.2025 directing therein the authorities to present retrospective impact to her regularization retrospectively from April 29, 2010 and non-compliance of stated judgment prompted her to institute contempt proceedings in opposition to the Commissioner Secretary to College Schooling Division and different officers.
The authorities submitted compliance of order which was authorized by the incumbent Commissioner Secretary and later he withdrew the stated approval by submitting earlier than the court docket that the contemporary orders will probably be handed after approval from the cupboard on this regard.
This act on a part of the incumbent Commissioner Secretary has been significantly considered by the court docket and after listening to the events, the bench on July 21 directed framing of rule (Robkar) in opposition to the incumbent Commissioner Secretary to indicate trigger as to why he shouldn’t be punished for this act.
The court docket has closely got here down on the Commissioner Secretary who appeared earlier than the court docket in a hybrid mode whereas as Director College Schooling was personally current within the court docket.
The court docket through the proceedings of the case noticed to the Commissioner Secretary that it is a match case the place he must be convicted for fee of contempt and sentenced to jail.
The Commissioner Secretary nevertheless, apologized to the court docket and undertook to implement the judgment in letter and spirit by subsequent date. Nevertheless, the court docket whereas parting with this made it clear that in case of non compliance of judgment, he will probably be convicted and sentenced. “Implement the judgment from there (his workplace) or else select to jail from right here (court docket)”, the ACJ noticed.
The court docket didn’t cease right here solely and continued to make observations in opposition to the incumbent officers. “Do You assume you may have grow to be king in your workplace? We all know the way you folks cope with the court docket orders. Individuals have misplaced religion in you. The court docket won’t ever compromise the rule of regulation which kinds the premise of our polity. You’re a public servant. Do not check the endurance of public”, the court docket additional noticed.
The court docket additional addressed to the Commissioner Secretary that there was a transparent route for retrospective regularization of the petitioner-teacher and you weren’t requested to think about her case which has grow to be ultimate and absolute and had obtained to be carried out with none approval from the cupboard. “Cupboard can’t say no to absolute judgment”, the court docket additional noticed.
