HC REJECTS OFFICIAL REPORT
‘Seeks Details On Functioning Of Services’
Srinagar, Apr 12: The High Court on Monday rejected the government report about the measures taken by it for ensuring the essential services following the employees’ strike.
Court directed the government to file a detailed report Tuesday regarding the functioning of the institutions for ensuring uninterrupted services to the general public.
Earlier, on Friday a Public Interest Litigation was filed by advocate Bashir Ahmad Dar and Riyaz Ahmad Khan in the Court for seeking uninterrupted essential services. The litigants had sought implementation of the Essential Services Maintenance Act (ESMA) in letter and spirit and prayed for direction to the government to make alternate arrangements to ensure no disruption of the essential services.
Subsequently, court directed the government to file report about the measures taken for ensuring continuation of the services within three days. Today when the case came for hearing before the division bench comprising of Justice Hakeem Imtiyaz Hussain and Justice Muzzafar Hussain Attar, the Court observed that the issues raised in the litigation have not been properly replied.
The government filed its reply through the deputy secretary General Administration Department. Court said the reports of the functionaries of the government like the Principal Secretary to government, Medical Education Department, the Director Health Services, Kashmir and Jammu, the Principals of Medical Colleges, Srinagar and Jammu and the Divisional Commissioners of Kashmir and Jammu have been placed on file. However, it observed that further response from government was required on Healthcare, Education and Supply of Essential Commodities like ration.
Court said even though medical colleges and other hospitals have filed the report of number of patients attended in the health institutions. However, court did not find any detail about the information sought by it.
Court observed that though the government have initiated disciplinary actions against the striking employees but it has not informed the court what steps have been taken to ensure normal functioning of the educational institutions and supply of rations in the city and rural areas.
The petitioner Advocate Riyaz Ahmad Khan said the affidavit filed by the government was vague and cryptic. Riyaz said, “The Consumer Affairs and Public Distribution Department is under the nose of High Court and is locked.” He produced an advocate before the court, whose wife had given birth to a pre-mature baby. The advocate deposed before the court that his child was admitted in Sher-e-Kashmir Institute of Medical Sciences, Soura, where doctors discharged him citing the reasons of ongoing employees’ strike. Court asked him to submit the discharge certificate before the court, which he later submitted.
Court directed the Principal Medical College Srinagar and Jammu, the Director SKIMS, Soura and the director health services Srinagar and Jammu to submit detailed report regarding the functioning of the institutes under their control.
Court also directed the Director School Education Srinagar and Jammu, and the Director Colleges to file detailed reply in respect of the working in the schools and colleges and attendance of the teaching staff. Court also directed the Director, consumer Affairs Srinagar and Jammu to inform the court about the details of supply of ration distributed from the ration depots with item-wise rations distributed to the public during the period of past seven days.
In view of the issues raised and the urgency expressed, court directed the government to file reply on Tuesday. The Advocate General was also requested to assist the court in this matter and remain present today.
Lastupdate on : Mon, 12 Apr 2010 21:30:00 Makkah time
Lastupdate on : Mon, 12 Apr 2010 18:30:00 GMT
Lastupdate on : Tue, 13 Apr 2010 00:00:00 IST
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