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HC slaps ₹50,000 cost on 2 officers for not responding to contempt plea

Case Pertains To Backdoor Appts Made Under HKRN. DEFIANCE OF 2004 VERDICT

Chandigarh: The Punjab and Haryana high court has imposed a cost of Rs 50,000 on Vivek Joshi, chief secretary of Haryana cum chairman of HKRN, and Amit Khatri, CEO of HKRN, for their failure to file a reply on a contempt petition regarding backdoor appointments made under HKRN. The cost of Rs 50,000 shall be shared by Joshi and Khatri proportionately.

Contempt Lawyers Chandigarh High Court

In its verdict dated Aug 13, 2004, a division bench comprising Justices G S Singhvi and MS Gill directed that in future the state govt and its functionaries shall not make any appointment on daily wages or on a contract basis in relation to the work of a perennial nature and/or against sanctioned posts. The present contempt petition has been filed in defiance of this judgement.

Justice Harkesh Manuja passed these orders after the officers failed to respond to the petition filed by advocate Jagbir Malik under the Contempt of Court Act for delibe rate and wilful defiance of general directions issued by the HC against such appointments.

On Aug 13, 2004, while hearing a petition titled Sajjan Singh versus State of Haryana and others, the division bench of the HC issued a general direction by which the govt of Haryana and its functionaries in all its departments were restrained from making appointments on a contract basis or on a daily wages basis except for project works or works of specified duration.

“Having failed to comply with the aforesaid order, the petitioner was compelled to approach this court, where in, notice of motion was issued on Nov 26, 2024, for Dec 10, 2024, and as the matter was not taken up, the same was ad journed for Jan 16. However, no reply has been filed so far. Counsel for the respondent prays for another opportunity to file a reply. Prayer made is allowed, subject to pay ment of cost of Rs 50,000 to the petitioner. The cost be shared by the respondents proportionately,” the HC observed in its order released on Saturday. The matter has now been adjourned to Feb 10. In this case, the petitioner submitted that time and again, the HC as well as the SC had been issuing directions to stop adhocism in public employment, so that public posts can be filled in accordance with the constitutional scheme of employment provided under the Constitution.

According to the plea, the SC, while deciding a case titled secretary, state of Karnataka versus Umadevi, deprecated the action of states continuing with the system of adhocism in public employment. The constitutional bench observed why the state should be allowed to depart from the normal rule and indulge in temporary employment on permanent posts.

For case specific advice, get in touch with best Contempt Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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