SRINAGAR: In a significant development, Justice Rahul Bharati of the High Court of Jammu and Kashmir has initiated contempt proceedings against government officials for their failure to comply with a writ court order. The judgment, dated December 15, 2016, in the case of “Vandana Gupta vs State of Jammu and Kashmir & Ors.” directed the authorities to pass appropriate orders for the regularisation of the petitioner, Vandana Gupta, who had completed more than seven years of engagement and sought regularisation.
Despite the court’s directive, the respondents challenged the judgment in a time-barred Letters Patent Appeal (LPASW no. 36/2018), which was subsequently dismissed by the Division Bench. The petitioner’s case was deemed to be covered by a Full Bench decision, leaving no room for interference. The Special Leave Petition (Civil) no 16932/2019 filed before the Supreme Court of India was also dismissed on May 21, 2020, further affirming the need for implementation of the writ court’s judgment.
Following the failure to receive compliance from the respondents, Vandana Gupta filed a contempt petition in December 2020. The latest statement of facts filed on May 24, 2023, reveals that the compliance of the judgment is still pending, even after more than two and a half years. The Commissioner/Secretary to Government for Rural Development Department and Panchayati Raj, Ms Mandeep Kour (IAS), filed a statement of facts asserting that she lacks the authority to regularise the petitioner’s service.
However, Justice Bharati highlighted that the Commissioner/Secretary is the competent authority through which the Government of Jammu and Kashmir operates. It is not the court’s responsibility to seek compliance from each department individually. The court took note of an internal communication dated April 28, 2023, wherein a Deputy Secretary to the Government, General Administration Department, expressed the Department of Rural Development and Panchayati Raj’s inability to implement the court’s directions, citing binding precedents such as the “State of Karnataka vs Uma Devi” case.
In light of these developments, Justice Bharati suo moto impleaded Jaffar Hussain (JKAS), Deputy Secretary, as a contemnor in the contempt petition due to his note to the Commissioner/Secretary, displaying a deliberate and wilful act of non-compliance. The court framed a rule against both Ms Mandeep Kour and Jaffar Hussain, giving them an opportunity to show cause as to why they should not be punished for their wilful non-compliance.
The Registrar Judicial, Jammu has been directed to issue notices to Ms Mandeep Kour and Jaffar Hussain, who are required to appear in person on the next date of hearing. The court set the next hearing for September 11, 2023, while also emphasising that if the Commissioner/Secretary to the Government complies with the writ court’s directions before the next hearing, the contempt proceedings may be dropped.
