HC contempt notice to education secys

Legal Correspondent

Shimla, July 2

The High Court today issued a show-cause notice to the Principal Secretary (Education) PC Dhiman, the Director, Higher Education, and the Under Secretary (Education) as to why they should not be punished for not complying the judgment passed by the court.

The court also summoned them on July 9. Passing this order, a Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Dharam Chand Chaudhary observed, “The respondents have failed to implement the judgment passed by a Division Bench of this court despite having been directed to implement it repeatedly. They allegedly have shown scant regard to the judgment and thereby undermined the majesty and dignity of this court, hence rendered themselves liable for being punished for the contempt.”

The court passed these orders on a contempt petition filed by Avinash Chauhan alleging that despite the directions given by the court to consider his case for appointment on compassionate ground, the respondents have intentionally disobeyed the directions of the court. It was further contended that he had applied for compassionate appointment after the death of his father with the Education Department as his father was an employee of the department but the same was rejected by the authorities. The decision of the rejection was challenged by him before the High Court and the court, allowing his petition, directed the respondents to consider the application in accordance with the policy prevalent at the time when the father of the petitioner died.

It was further alleged that despite these directions, they had not complied with the judgment of the court. It was further contended that the Principal Secretary rejected the application of the petitioner in contrary to the order passed by the court.

Taking a serious note of this, the court further observed, “The order reveals that the manner in which the Principal Secretary has rejected the application of the petitioner amply demonstrates that the respondent has sit over the judgment of the court as an appellate authority and thereby not only surpassed the judgment, but also undermined the dignity of this court.

• Principal Secy, Director, Under Secy of the Education Department get summons for July 9
• The court had told the respondents to consider the case for appointment of  petitioner but they disobeyed it