Tribunal slams J&K official for threatening litigants, court
The development came after the applicants, employees of general administration department, initially approached the tribunal on February 17 with a petition wanting quashing of an order wherein the employees had been called to appear in a type test
The Central Administrative Tribunal (CAT) in Srinagar has charged additional resident commissioner (ARC) J&K of threatening litigant employees as well as the tribunal court they approached by writing to registrar judicial, high court (HC) of J&K and Ladakh to initiate an inquiry into the matter.
The tribunal has asked the registry to serve a show-cause notice upon ARC Anil Sharma, J&K resident commission New Delhi, who has ‘prima facie interfered in the course of justice and has tried to attack and scandalise courts’.
“It is not understandable as to what the additional resident commissioner, J&K resident commission was bent upon by addressing a letter to the registrar judicial, HC and whether the ARC intended to threaten this Court for initiation of a comprehensive inquiry into the matter. It is apt to mention here that this Tribunal is a creation of the Constitution and is not subordinate to the registrar judicial of HC. Prima facie it appears that the official has not only threatened the applicants but has also threatened this Court by requesting the registrar judicial to initiate a comprehensive inquiry into the matter,” said the order by tribunal comprising MS Latif and Prasant Kumar last week.
The development came after the applicants, employees of general administration department, initially approached the tribunal on Feb 17 with a petition wanting quashing of an order wherein the employees had been called to appear in a type test. The court had restrained the respondent department to go ahead with the notification till objections are filed.
Following this, the applicants again approached the tribunal after a show cause notice was issued upon them on Feb 21 by the ARC wherein they were asked to ‘show-cause and to provide satisfactory explanation within a period of two days... and failure to respond within the prescribed period would result in the matter being referred to the Police Authorities for further investigation’.
The order, while quoting the applicants’ counsel, said that show cause notice was duly replied by the applicants. “He further submits that it did not end at the show cause notice only but after the issuance of the show cause notice, some of the applicants were transferred,some were ordered to vacate their residential quarters which were otherwise allotted in their favour. Learned counsel for the applicants further submits that it is out of mala fides that the respondent is resorting to such tactics,” the order said.
The tribunal took a perusal of the communication addressed by ARC, J&K Resident Commission to the registrar judicial “to initiate a comprehensive inquiry into the matter.”
“The respondent namely Anil Sharma presently ARC, J&K Resident Commission, New Delhi, by addressing a letter to registrar judicial requesting to initiate a comprehensive inquiry into the matter has prima facie interfered in the course of justice and has tried to attack and scandalise courts. There is nobody above law as law is supreme and we are all subservient to it. Courts are vested with the powers to administer justice. This court is not only to do justice but has to see that justice is done,” the order said.
The tribunal also directed Sharma to provide the CCTV footage and other relevant documents, as mentioned by him in his show cause notice dated Feb 21 in a pen drive and in a sealed cover. “We are exercising our suo motu powers for summoning the CCTV footage and other relevant documents as provided under Rule 88 of the Central Administrative Tribunal Rules of Practice, 1993 and before proceeding against the respondent in accordance with the law for having prima facie committed contempt of this court to issue a show cause notice upon him to file his detailed response,” the order read.
It also requested the registrar to send the record of the communication by the ARC to the tribunal, including records of action taken.
“At this stage, we would not like to comment on any proceedings which, in the estimation of the competent authority, are warranted in accordance with the law but however we direct the ARC, J&K Resident Commission, to refrain himself from harassing the applicants in any manner which law would not countenance,” it was held.
