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2024 Supreme(JK) 438

HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, J
M/S HAZARA ELECTRIAL HOUSE – Appellant
Versus
CHIEF ENGINEER AND ORS. (ROADS AND BUILDINGS) – Respondent
WP(C) 1830 / 2022



Advocates:
Ms. Muzamil Jabeen, Advocate, Mr. A.R. Malik, Sr. AAG, Mr. Mohammad Younus, Advocate

Court orders must be complied with, and failure to do so may result in contempt proceedings and salary deductions.

Headnote:

(A) Contempt of Court - Non-compliance with court orders - The respondents were burdened with costs for failing to file a reply, and the Chief Engineer's request to modify the order for direct payment was dismissed due to lack of valid grounds. (Paras 1-8)

(B) Court's authority - The court emphasized the importance of compliance with its orders and the consequences of non-compliance, including salary deductions for non-payment of imposed costs. (Paras 3, 7)

Facts of the case:
The Chief Engineer sought modification of an order requiring costs to be deducted from his salary, citing inability to comply.

Findings of Court:
The application for modification was dismissed as no valid grounds were presented.

Issues: The main issue was whether the Chief Engineer could modify the order regarding payment of costs.

Ratio Decidendi: The court held that the application lacked merit and was in contempt of the previous order, reinforcing the necessity of compliance with court directives.

Result: Application dismissed.

ORDER :

1. The record reveals that on 10th May, 2023, inspite of availing last and final opportunity, reply was not filed and accordingly, the respondents were burdened with the costs of Rs. 5000/- to be deposited in the Advocates’ Welfare Fund.

2. On 14th February, 2024, concerned Executive Engineer, R & B Division, Beerwah, Budgam and Executive Engineer ( R & B) Electric Division, Rajbagh, Srinagar, were present and accordingly, assured the Court that the grievance of the petitioner shall be settled and the final outcome shall be placed before this Court by way of an affidavit and accordingly, the Court granted four weeks’ time to the respondents to file reply affidavit besides depositing costs of Rs. 5000/- imposed in terms of order dated 10th May, 2023 and in default of payment of costs, it was directed that the same shall be recovered from the salary of Chief Engineer concerned.

3. The record further reveals that this Court vide order dated 27th May, 2024, in order to ensure that the orders passed by this Court are taken seriously by the respondents, Executive Engineer (R & B) Division Budgam and Executive Engineer (R & B) Electric Division, Rajbagh, Srinagar, were directed to appear in person on the date fixed besides directing them to file an affidavit as to why they have failed to comply the order dated 14th February, 2024. Since the Chief Engineer (R& B),Central Kashmir, has also failed to deposit the costs as imposed in terms of order dated 14th February, 2024, as such, Treasury concerned was directed to deduct as sum of Rs. 5000/- from the salary of Chief Engineer (R & B), Central Kashmir and to deposit the same with the Registry of this Court by or before the next date of hearing and copy of the said order was directed to be conveyed to the concerned treasury by this Registry.

4. Feeling aggrieved of the order dated 27th May, 2024, the Chief Engineer PW (R & B), Kashmir has filed the instant application seeking modification of the order to the extent that he be allowed to deposit the said amount directly with the Registry enabling him to file the objections/reply in the instant writ petition.

5. The only reason which has been spelt out in the application in para 5 is that the said amount could not be deducted from the salary of the applicant and accordingly, the modification has been sought.

6. Learned counsel for the respondents submits that the order be modified to extent the Chief Engineer concerned be allowed to deposit the amount directly with the Registry enabling him to file the objections/reply in the instant writ petition.

7. No good ground is made out in the application and the averments pleaded in the application are contemptuous and in direct conflict with the order passed by this Court dated 27th May, 2024, whereby a direction has been issued to deduct the said amount of Rs. 5000/- from the salary of the concerned Executive Engineer.

8. In view of the aforesaid backdrop, the instant application is dismissed .

9. A copy of this order be conveyed to the concerned treasury by the Registry.

10. List the main matter on 31 st July, 2024, as already directed.

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