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HIGH COURT
Contempt notice to Chief Engineer, XEN
Tribune News Service
Chandigarh, October 18
Coming down heavily on Punjab’s Chief Engineer (drainage) S.S. Dhaliwal and executive engineer D.S. Sandhu for taking the court’s directions in a “casual manner”, Ms Justice Bakhshish Kaur of the Punjab and Haryana High Court today asked them to appear in person and to show cause why proceedings under the Contempt of Court Act should not be initiated against them. Notice was also issued to Secretary in the Irrigation Department Rajesh Chhabra Pronouncing the orders on a petition filed by a Ludhiana-based contractor, Harbans Singh, the Judge observed: “A civil writ petition was disposed of on April 26, directing the respondents to consider a representation filed by the petitioner and decide the same within four months of receiving the order’s copy.... Due to non-compliance of the order within the stipulated time, the petitioner had to file a contempt petition. Taking a lenient view, the petition was disposed of on August 2 with directions to the respondents to comply with the orders positively within four weeks of receiving a copy of the order, failing which they shall be hauled up for contempt. “It appears that the orders passed by the court had no effect upon the respondents who are taking the matter in a casual manner. Issue notice to the respondents to show cause why proceedings under the Contempt of Court Act be not initiated. The Chief Engineer and the Executive Engineer are directed to appear in person”, she directed. The case will now come up on November 6.
Enhanced house tax recovery stayed
Issuing notice of motion for October 31 on a petition filed by two Yamunanagar residents — claiming that the action of Haryana state and other respondents in enhancing the value and rate of house tax was arbitrary and against the principles of natural justice — a Division Bench of the High Court today stayed the recovery of the enhanced amount. In their petition, taken up by the Bench, comprising Mr Justice Jawahar Lal Gupta and Mr Justice Ashutosh Mohunta, Mr Atma Ram and Mr Rameshwar Dass Goyal stated that action of the respondents and the amendment in the legislation dated March 27 could not be sustained under the provisions of the Constitution and were, thus, liable to be struck down after being declared ultra vires. They added that the question of law which arose for determination in the case was — whether the amended provisions were within the legislative competence of the state of Haryana, whether the provisions were violative of Article 14 of the Constitution as two different methods had been provided for the assessment of the same property, and whether the enhancement of the annual value, violative of the provisions of the statute and the Constitution, was legally sustainable. Giving details, counsel for the petitioners added that vacant land had for the first time been assessed for house tax to determine annual value. Vacant land belonging to card board factories and rice shellers had, however, been exempted. He added that there was no justification for granting this exception.
Admit two students from other states
Accepting a writ petition, Mr Justice Amar Bir Singh Gill and Mr Justice Swatanter Kumar of the High Court on Thursday directed the state of Punjab, principal of Arts and Crafts Institute at Amritsar and other respondents to offer two seats to candidates belonging to other states in order of merit. Issuing the directions on petition filed by Amritsar resident Sanjeev Kumar, the Judges also directed that the seats should be offered without preferably disturbing the merit of two students who had already been admitted to the course as “there was no fault attributable to them”.
Three fined for contempt
Ms Justice Bakhshish Kaur of the high court on Thursday imposed a fine of Rs 2,000 on three past and present officers of the Punjab government for committing contempt of court. Pronouncing the orders on a petition filed by two employees with the statistical wing of the Punjab Agriculture Department — Mr Harbans Singh Tuli and Mr Jatinder Singh — alleging non-implementation of judgement dated January 7, 1997, directing the payment of certain benefits, Ms Justice Bakhshish Kaur directed: “The order shall become operational after three months. The time is allowed to the respondents to avail appropriate remedy, if so advised, or to purge the contempt. “In view of the facts and circumstances of the case, as the respondents have flouted the orders passed in a civil writ petition, and the orders passed by the apex court in a special leave petition, they are held guilty of committing contempt of court”, she ruled. The Judge concluded: “Since the arrears of pay have been paid in pursuance of the order passed in the writ petition, therefore, a lenient view is being taken in awarding the sentence. I deem it fit to only impose a fine of Rs 2,000 each on Financial Commissioner (Development) R.N. Gupta, Director of Agriculture A.S. Randhawa and Finance Commissioner (Development) C.L. Bains so as to sub-serve the ends of justice. In default of payment, they will suffer imprisonment for one month”.
Order to set up DPC in two months
Taking up a petition filed by executive engineer Kulbir Singh and three others, the High Court today directed the state of Punjab and another respondent to constitute a departmental promotion committee to consider the cases of all eligible candidates, including the petitioners. Mr Justice Amar Bir Singh Gill and Mr Justice Swatanter Kumar of the High Court ruled that the DPC should be constituted in accordance with the rules and instructions in force before July 16. They added that the committee would be constituted to consider the cases for vacancies which were available and governed by instructions dated December 29 last year, within two months from today.
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