Comply with court orders in time: Govt to all depts

Saurabh Malik

Tribune News Service

Chandigarh, July 18

The Haryana government has issued instructions to all departments to ensure that court orders are complied with within the specified time limit. In case the orders cannot be complied with within the specified time, extension should be sought from the court . The departments were also directed to ensure passing of detailed speaking orders while disposing of cases.

Information to this effect was provided by the Chief Secretary to the High Court in an affidavit placed before the Bench of Justice Rakesh Kumar Jain during the hearing of a petition relating to land laws filed by Rajender and other petitioners against Haryana and other respondents.

Taking up the matter, the High Court on May 26 had referred to another case “Baru Ram and others versus The Financial Commissioner, Haryana and others” decided in January. The Bench observed that directions were issued to the Financial Commissioner “to be sensitised with regard to the discharging of obligations as quasi judicial authorities”. The Bench added the directions were not being adhered to and the present case showed utter disregard.

Going into details, the Bench observed the Financial Commissioner in November, 2016, granted ex-parte status quo. But the officer vacated the stay without recording arguments of the parties in May this year .

The Bench added such a procedure was alien to the settled law, compelling the court to take suo motu cognizance of contempt. The Bench also directed the issuance of notice to Financial Commissioner Alok Nigam and the Chief Secretary to show cause why proceedings for contempt be not initiated against them for showing disregard and disrespect to the court directions.

Complying with the order, both Financial Commissioner Alok Nigam and Chief Secretary DS Dhesi filed their affidavits. The Chief Secretary added he also called a meeting of all Administrative Secretaries in May and directed that all departments were required to keep in mind the court observations and ensure timely implementation of orders.

Haryana Additional Advocate-General Lokesh Sinhal also assured the court that the averments in the affidavit would be strictly complied with. Keeping in mind the averments made by the Chief Secretary in his affidavit, Justice Jain ordered the dropping of proceedings against them while asking the Financial Commissioner to decide the matter expeditiously.

Ensure compliance

• All departments asked to ensure that court orders are complied with within the specified time limit. 
• In case the orders cannot be complied with within the specified time, extension should be sought from the court .