SRINAGAR, Aug 19: The High Court today warned the Commissioner Secretary School Education Department to jail him for non-compliance of a court judgment.
The division bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani warned the Commissioner Secretary School Education Department for imprisonment in case the judgment passed one and half year ago is not implemented by the next date of hearing.
The petitioner Rashida Akhter has approached the court seeking retrospective effect to her regularization from April 29, 2010 in terms of Civil Services Special Provision Act 2010 while she had been regularized prospectively from the date of issuance of the order of regularization by the Government w. e. f June 15, 2010.
Her plea was allowed in terms of judgment dated 25.2.2025 directing therein the authorities to give retrospective effect to her regularization retrospectively from April 29, 2010 and non-compliance of said judgment prompted her to institute contempt proceedings against the Commissioner Secretary to School Education Department and other officials.
The authorities submitted compliance of order which was approved by the incumbent Commissioner Secretary and later he withdrew the said approval by submitting before the court that the fresh orders will be passed after approval from the cabinet in this regard.
This act on part of the incumbent Commissioner Secretary has been seriously viewed by the court and after hearing the parties, the bench on July 21 directed framing of rule (Robkar) against the incumbent Commissioner Secretary to show cause as to why he should not be punished for this act.
The court has heavily came down on the Commissioner Secretary who appeared before the court in a hybrid mode while as Director School Education was personally present in the court.
The court during the proceedings of the case observed to the Commissioner Secretary that this is a fit case where he needs to be convicted for commission of contempt and sentenced to jail.
The Commissioner Secretary however, apologized to the court and undertook to implement the judgment in letter and spirit by next date. However, the court while parting with this made it clear that in case of non compliance of judgment, he will be convicted and sentenced. “Implement the judgment from there (his office) or else choose to jail from here (court)”, the ACJ observed.
The court did not stop here only and continued to make observations against the incumbent officials. “Do You think you have become king in your office? We know how you people deal with the court orders. People have lost faith in you. The court will never compromise the rule of law which forms the basis of our polity. You are a public servant. Don’t test the patience of public”, the court further observed.
The court further addressed to the Commissioner Secretary that there was a clear direction for retrospective regularization of the petitioner-teacher and you were not asked to consider her case which has become final and absolute and had got to be implemented without any approval from the cabinet. “Cabinet cannot say no to absolute judgment”, the court further observed.
