High CourtsSingle Bench(2022) 08 J&K CK 0001

Sudesh Kumar Raina vs Inderjeet Singh, Director Agriculture Gole Pulli, Jammu

Jammu And Kashmir High Court · Decided on 3 August 2022

HON’BLE JUDGES
Javed Iqbal Wani, J
CASE NUMBER
Contempt Petition (S) No. 1 Of 2021, Civil Miscellaneous No. 117 Of 2021

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Judgment

7 paragraphs · 392 words

Javed Iqbal Wani, J

In the instant contempt petition violation of order dated 23.07.2019 is being alleged. In terms of the order supra, while allowing the petition of the petitioner and quashing communication dated 25.02.2014 issued by the respondent no. 1, the respondents were directed to settle the medical reimbursement case of the petitioner within a period of four months and disburse him the claim along with the interest at the rate of 6 percent per annum, to be paid with effect from 25.02.2014 till its actual payment to the petitioner.

The instant contempt petition has been instituted on 01.01.2021. The respondent/contemnor had entered appearance on 01.03.2021 and counsel for the respondent/contemnor sought and was granted four weeks time to file compliance report. On 02.06.2022, Mr. Vishal Bharti, Dy. AG, who appeared for the respondent/contemnor informed the Court that an appeal has been filed against the judgement/order whereunder the instant contempt petition has arisen, however, the same could not be considered on account of the non-availability of the Bench. On the said date, in the interest of justice, one more opportunity was granted to the respondent to comply with the order, failing which respondent was directed to remain present before the Court on the next date of hearing.

Record of the proceedings would reveal that no compliance report has been filed so far so much so respondent/contemnor is not present in compliance to order dated 02.06.2022. On asking of the Court as to whether any stay order has been passed by the LPA Bench, Mr. Bharti, Dy. AG would contend that no stay order has been granted by the LPA Bench for staying the judgement/order dated 23.07.2019.

In view of the aforesaid position i.e. the failure of the respondent/ contemnor to report compliance of the judgement/order, so much so to remain present before the Court in compliance to order dated 02.06.2022, this Court is left with no other option but to secure the presence of the respondent/ contemnor through issuance of bailable warrants to the tune of Rs.10,000/-, to be executed through the Senior Superintendent of Police, Jammu.

List the matter for consideration on 05.08.2022.

A copy of this order shall be furnished to Mr. Vishal Bharti, Dy. AG under the seal and signatures of the Bench Secretary today itself for service upon the Senior Superintendent of Police, Jammu for its compliance.