HC Imposes Rs 10000 Costs On Mission Director For Wasting ‘Judicial Time’

SRINAGAR: Observing that judicial time has been “unwarrantedly wasted”, Jammu and Kashmir High Court has imposed Rs 10000 costs to Mission Director State Rural Livelihood who had filed an appeal against the court’s single bench order way back in 2017.

The Mission Director had assailed the order dated 4 August 2017 whereby the court had allowed a plea by one  Tariq Ahmad Bhat who had challenged an order dated 30 August 2016 issued by the Additional Mission Director SRLM Kashmir, terminating the cancellation of the hiring of an Innova vehicle along with Driver with effect from 25th of March 2016 in the State Rural Livelihoods Mission Kashmir. This hiring had been sanctioned by order dated 31.03.2016 for one year strictly as per the approved rates of Transport Commissioner, Jammu & Kashmir subject to the terms and conditions incorporated in the order.

“The learned Single Judge noted that the engagement of hiring of the vehicle was for a period of one year which period has expired on 31st of March, 2017. As such, the order dated 31.08.2016 terminating the hiring of the vehicle had lost its efficacy,” said a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta.

Subsequently, the division bench said that Tariq’s plea was disposed of with a direction to the Mission Director to adhere to the terms and conditions of the order dated 31.03.2016 with further direction to work out the hiring and fuel charges as was payable to the owner of the vehicle for the period beginning from 01.04.2016 till 31.03.2017.

“The order which was passed by the learned Single Judge was in accordance with law and warranted in the facts of the case. This Letters Patent Appeal which has been filed by the appellants of having 275 days delay is totally misconceived,” the court said as per news agency GNS, adding, “In our view, the judicial time has been unwarrantedly wasted by filing an appeal which is complete without merit.”

While dismissing the appeal as well as an application seeking condonation of delay, the court imposed Rs.10,000 costs upon the appellants (Mission Director) within two weeks in the Advocates Welfare Fund. Proof of deposit shall be placed before the Registrar Judicial.

“….in case they fail to deposit the costs imposed on them within the aforesaid time period, in that eventuality, the Registrar Judicial shall place this matter before the Court for appropriate orders.”

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