SRINAGAR: Coming down heavily on non-compliance, the Central Administrative Tribunal (CAT), Jammu, has ordered the immediate stoppage of the salary of the Commissioner/Secretary of the Health and Medical Education Department, J&K, for failing to comply with its directives.
The Tribunal, according to Kashmir Dot Com, also directed the Chief Secretary of Jammu and Kashmir to initiate an inquiry against the “erring officer and take strict action” for the non-compliance of court orders.
The case, as per the court order, pertains to the non-issuance of an appointment letter to Dr. Palvi Dubey, despite her selection for a post under the Health and Medical Education Department.
Expressing deep dissatisfaction with the officials’ ( including Commissioner/Secretary of the Health and Medical Education Department) “callous attitude,” the Tribunal, comprising Member (A) Ram Mohan Johri and Member (J) Rajinder Singh Dogra, as per Srinagar-based news-gathering agency Kashmir Dot Com, remarked that such officers “do not deserve salary” for failing to uphold the rule of law.
The Tribunal observed that despite clear directions issued on September 13, 2024, and December 30, 2024, the respondents had not issued the appointment letter, constituting a blatant violation of court orders.
Lamenting the delay in justice, the Tribunal asserted that the non-filing of replies by the respondents and their indifferent approach had caused unnecessary hardship to the applicant.
“The poor litigants who have no access to the administration knock on the door of this Court in the hope that they will get justice here. It is very unfortunate that due to the callous attitude of officers/officials, public faith in the judiciary is getting eroded,” the order read.
The Tribunal further made it clear that no one is above the law and that such disregard for legal directives undermines the very fabric of justice. “Innocent litigants cannot be made to suffer for the lackadaisical approach of the respondents. This Court was compelled to pass such an adverse order to uphold the rule of law,” it stated.
Pertinently, Dr. Palvi Dubey was selected for a post under the Health and Medical Education Department, yet the department failed to issue her appointment letter despite multiple orders from the Tribunal.
The Tribunal had previously directed the respondents to act before the waiting list expired. However, even after repeated opportunities and final warnings, the department failed to comply.
On November 19, 2024, the Tribunal noted that while her selection had been made, the appointment letter was still withheld. Despite being given a final opportunity to submit a written statement, the respondents (Health and Medical Education Department) did not respond, displaying a complete lack of urgency in addressing the matter.
Taking a harsh stance, the Tribunal directed the Drawing and Disbursing Officer (DDO) concerned to immediately stop the salary of the Commissioner/Secretary of the Health and Medical Education Department.
“Such officers who are not obeying the Court’s orders do not deserve salary,” the order declared.
The Tribunal also instructed the Chief Secretary of Jammu and Kashmir to initiate an inquiry into the officer’s conduct and submit an action report by the next hearing. It further warned that coercive action would follow if the appointment letter was not issued by then.
The case is now scheduled for the next hearing on February 28, 2025. (KDC)
