high Court has directed the Secretary (Home) to make arrangements for depositing the subsistence allowance for detention of Officers responsible for non-compliance of Court orders.
Shimla, 25th September, 2023.
The High Court of Himachal Pradesh has taken serious note of non-compliance of its orders by the State Government. The High Court has directed the Office of Advocate General to disclose the names and other particulars of erring Officers/respondents by tomorrow at 10 AM, so as to enable the Court to pass an appropriate order in this regard.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, passed this order on petition filed by one Sh. Kirpa Ram for implementation of judgment dated 01.07.2021, passed by the High Court in his favour.
The case of the petitioner is that he was appointed on daily wage service in Forest Department, in the year 1995. He was to be regularized after completion of eight years but the respondent department has only regularized the service of the petitioner in the year 2007. The petitioner approached the High Court with claim that as result of this act of respondent department, he has suffered great financial loss and mental agony.
Vide judgment dated 01.07.2021, the High Court was pleased to direct the respondents to consider the case of the petitioner in view of the verdict given by it in case titled as Daulat Ram and Others Vs. State of H.P. However, the respondent department did not implement the order of the Court, leaving petitioner with no other option but to approach this High Court.
On the previous date of hearing, the Court held that the respondents cannot discriminate between similarly situated persons by adopting different yardstick and directed them to ensure compliance of Court order on or before 21.9.2023. The Court also made it on previous date of hearing that for implementing the order, further examination by concerned authority or Officer would amount to obstruction in administration of justice for which such authority/Officer may be liable for criminal contempt of Court.
During the course of hearing, today, the instructions dated 23.9.2023, received from the Deputy Conservator of Forests, Suket Forest Division, Sunder Nagar, District Mandi, was placed before Court, whereby it has been requested to grant eight weeks’ time for ensuring the compliance of order passed by Court.
Expressing strong displeasure, for non-compliance of its order, the Court today observed that it is going to take coercive measures including civil detention of person obstructing the implementation of Court order as well as attachment of his property/salary. The Court, therefore, directed the Office of Advocate General to disclose the names and other particulars of respondents by tomorrow at 10 AM, so as to enable the Court to pass an appropriate order in this regard.
The Court further observed that it is the duty of State through Home Department to establish the Rule of Law and as subsistence allowance is required to be paid/deposited for civil detention of respondents, therefore, the Court has directed the Secretary (Home) to make arrangements for depositing the subsistence allowance for detention of Officers responsible for non-compliance of Court orders.
The matter has been ordered to be listed again on tomorrow i.e. 26th September, 2023, at 10 AM.