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Synopsis

The Supreme Court has slammed the officers of the Union Territory of Jammu and Kashmir for failing to comply with the high court's order in respect of daily wagers, saying their inaction for 16 years was shocking and contemptuous.

A bench of Justices Surya Kant and N Kotiswar Singh dismissed a special leave petition filed by the Union Territory against the high court's order of December 4, 2012, and asked the single judge bench of the high court to go ahead with contempt proceedings to ensure that the majesty and sanctity of the law are maintained.

After hearing the counsel and perusing the record, the bench said, "At the very outset, we are constrained to observe that the present case is a glaring and textbook example of obstination exhibited by the state officials/authorities, who consider themselves to be above and beyond the reach of law. The inaction of the officers of the petitioner - Union Territory, who took about 16 years to comply with a simpliciter High Court order passed on May 03, 2007, is shocking and prima facie contemptuous."

The court declined to interfere with the observations of the division bench of the high court and the imposition of cost.

"What concerns us is not the delay of decades alone, but also the incontrovertible fact that the poor respondents, being daily wage workers, have been repeatedly harassed by the petitioners by passing cryptic orders, thereby overlooking the true import and spirit of the order of May 03, 2007 passed by the single judge. In such facts and circumstances, the observations made by the division bench of the High Court including the imposition of symbolic cost does not warrant any interference by this court," the bench said.

The bench opined that, in actuality, the instant case was fit for imposing exemplary costs on the delinquent officers, besides also recommending strong disciplinary actions against them.

"However, we presently refrain ourselves from doing so, keeping in view the fact that the contempt proceedings are still pending before the single judge. We, consequently, request the single judge to take up the contempt proceedings on a weekly basis and ensure that majesty and sanctity of law is well maintained," the bench said.

The matter related to the regularisation of respondents in terms of 1994 government orders. By its order of May 3, 2007, the high court had directed the appellant to consider the case of the respondents along with others who had received the benefits of regularisation.

Case Title: Union Territory of Jammu And Kashmir & Ors Vs Abdul Rehman Khanday & Ors