Taking strong notice of the non-compliance of orders regarding release of monthly emoluments and move charges in favour of Syed Khursheed Ahmed Shah, Director Social Audit, MGNREGA, the court today directed Commissioner/ Secretary, RDD, Khurshid Ahmed Shah (IAS) to file detailed compliance report within three weeks.
The court also made it clear that in case the needful is not done, then the salary of the Commissioner/Secretary RDD for the month of August, 2015 shall not be released.
The significant order was passed by Justice Tashi Rabstan of Jammu and Kashmir High Court, Jammu Wing, in response to a writ petition filed by Syed Khursheed Ahmed Shah, Director Social Audit MGNREGA, Department of Rural Development.
Court however made it clear that in the interest of justice, three weeks' time as prayed by the Commissioner/ Secretary to Govt. Rural Development Department is granted and in default, the salary of Commissioner/Secretary to Govt. Rural Development Department J&K for the month of August, 2015, shall not be released.
The Court further directed the Registry to forward the copy of this order to the Drawing and Disbursing Officer concerned and also fixed August, 14, 2015 as the next date of hearing.
When this petition came up for hearing, advocate Sheikh Shakeel Ahmed appearing for the petitioner drew the attention of the court towards the orders dated December, 18, 2014 and June, 8, 2015, whereby the court had directed the Secretary RDD to release the monthly emoluments as well as the move allowance of the petitioner who was appointed as Director Social Audit, MGNREGA in the Department of Rural Development on October, 18, 2014.
Advocate Ahmed further submitted that the Court vide detailed order passed on June, 8, 2015 rejected the stance taken by the Rural Development Department which took the plea that petitioner was disengaged on the very same day i.e. October, 18, 2014.
He further submitted that till date the Secretary RDD has not implemented the directions of the court, and for this reason, the court sought his personal appearance so as to explain his conduct particularly with regard to the detailed correspondence made available on records by the petitioner showing his continuation as Director Social Audit after the so called disengagement.
On the other hand, AAG Z.S. Watali submitted that in terms of court directions, Commissioner/Secretary RDD Khurshid Ahmed Shah (IAS) is present in the court and reiterated that petitioner stood disengaged on October, 18, 2014 but the order of disengagement could not be communicated to him and field agencies.
The court sought the explanation of the Commissioner /Secretary to Govt. RDD who took the plea that the said correspondence is one sided and there is no such communication from the government.
The court also expressed its displeasure and took strong note of the non-compliance of the orders dated December, 18, 2014 and June, 8, 2015 and directed the Commissioner/ Secretary RDD to file detailed compliance report within three weeks regarding the orders passed by the Court whereby directions were issued for the release of monthly emoluments and move charges. JNF