Srinagar, December 19: The Central Administrative Tribunal (CAT) in Srinagar on Tuesday voiced its disapproval of the Director Health Services Kashmir’s (DHSK) “casual attitude” toward following its instructions, stating that this calls for the “framing of rule against the official.”
A division bench made up of M. SLatif Member (J) and Prasant Kumar Member (A) heard a contempt plea and stated, “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 by law are not initiated against him for willful disobedience of the orders passed by the Court from time to time.”
In response to the DAG’s submission on behalf of the respondents (authorities) requesting a day to comply with the orders dated October 16, 2023, and December 14, 2023, the Court requested that the DAG notify the relevant party of the order it passed on Tuesday and that he file his reply by Wednesday in order to comply with both orders.
Following its observation that “a review of the file indicates that, pursuant to an order dated June 10, 2023, the DAG accepted notice and requested a week’s time to provide a brief affidavit to the effect as was contained in the said order,” the Court issued the directives. The court said that the issue was then scheduled for review on October 16, 2023.
The Court observed that DAG was instructed to provide his thorough response accompanied by an affidavit no later than one week and that the Court would continue legally in the event that the detailed reply was not submitted.
A registry report indicated that a copy of the order dated October 16, 2023, had been submitted to the director. At the same time, a copy of the order was directed to be served by email to the Director of Health Services, Kashmir.
The Court additionally noted that the DAG requested and was given ten days to file a reply when the case was brought up for discussion on November 29, 2023, and the matter was scheduled for review on December 14, 2023. “Repeatedly, on December 14, 2023, respondents neglected to submit their response as directed by earlier orders.”
