MOHAMMAD SHAFI SHAH Vs. KHURSHID AHMAD SHAH

JUDGEMENT

(1.) In terms of order of this Court dated 15th of May, 2019, the Managing Director, JKPCC was directed to comply with the terms of the judgment of this Court dated 1st of March, 2018 passed in SWP No. 1379/2015 by or before the next date of hearing, failing which all the account heads operated by him were directed to be seized. On 24th of May, 2019, when the matter was taken up, further time was granted to the respondents to file the Compliance Report and the matter was directed to be listed on 3rd of June, 2019. On 3rd of June, 2019, Mr Harkewal Singh, General Manager, JKPCC, while appearing in person before the Court, submitted that the case has been submitted to the Empowered Committee in view of the fact that all the matters relating to the decisions of such nature are taken by the Empowered Committee headed by the Commissioner/ Secretary to the Government, Public Works Department. In view of the stand taken by the General Manager, JKPCC, the Commissioner-Secretary to Government, PWD, was directed to file the Compliance Report by or before 1st of July, 2019. Thereafter, the matter was adjourned for a couple of hearings on account of non-availability of the counsel for the parties.

(2.) Today, when the matter came up for consideration, the Court has come across the Compliance Report filed by Commissioner/ Secretary to Government, PW(R&B) Department, wherein at paragraph Nos. 4 to 7, it has been stated as under:

(3.) Perusal of the Compliance Report so filed by the Commissioner/ Secretary to Government, PWD (R&B) Department would, prima facie, reveal that the officer has shown least respect for the judgments/ orders of the Court and has kept these orders and judgments subject to decisions of a Sub-Committee constituted by the Government in terms of Government Order No. 1683-GAD of 2018 dated 27th of November, 2018. The Commissioner/ Secretary by adopting such a course is, prima facie, found involved in committing contempt of Court. The Officer is already a party respondent in the contempt petition, but in the capacity as Commissioner/ Secretary to Government, General Administration Department, however, he shall continue to figure as respondent No.1 in the contempt petition, but as Commissioner/ Secretary to Government PW (R&B) Department, Civil Secretariat, Srinagar/ Jammu.