Srinagar: In an exemplary punishment of its kind, the High Court of J&K and Ladakh High has ordered a cost of Rs nine lakhs be recovered from the salary of an officer who initiated the “misadventure” of filing an appeal against a single bench direction.
The single bench in September 2021 had directed the Wullar Manasbal Authority to release the balance payment of Rs 29 Lakhs to a contractor with interest @ 6% since his ‘satisfactory’ execution of earth filling work in 2015 totalling Rs 42 lakhs.
The contractor, according to the judgment, was pestered by the ‘babus’ (bureaucrats) on the pretext of non-availability of the funds. The ‘babus’ later on changed goal posts and said that the executed work lacked administrative approval from the Tourism and Culture department.
The “irritating” behaviour forced the contractor, Mohammad Afzal Reshi, to petition before the court.
A Division Bench of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani after hearing the LPA by the government observed “the court deprecates the conduct of the Union Territory in filing the present appeal”.
The judges said “the only motive being to harass the respondent contractor (now expired) for which certain precipitate orders are required to be passed so that the Union Territory in all future cases shall appreciate that there are severe consequences to be suffered for misuse of judicial process”.
Furthermore, it said the filing of the present LPA is motivated by malice and intent to deprive and harass the respondent from receiving his rightful dues.
It opined “exemplary costs should be imposed. Cost of one lakh rupees from the year 2015 for every year of delay, till the passing of this order shall be paid to the respondent herein, totalling Rs. 9.00 lakhs as on date forthwith”.
The cost, the bench ordered “shall be recovered from the salary of the Officer who initiated this misadventure of filing of the present LPA knowing fully well that there is no reasonable cause at all”.
The payment of this cost of Rs 9 lakhs shall be in addition to the payment of the balance amount due to the respondent herein, along with interest @ 6% per annum, as imposed upon the appellants herein by the learned Single Judge in the principal order, read the judgment.
The bench observed that the UT government of J&K is part of the Union government. The latter is the repository of the lion’s share of the wealth generated in this country in the first instance and thereafter distributed to the states.
“It shocks the conscience that we tout ourselves as the fifth largest economy in the world, aspiring to be the third largest soon, but do not have the funds to pay the legitimate dues of the respondent amounting to Rs 20.97 lakhs, which denigrates and puts to doubt the lofty claims of the economic prowess of the country,” observed the two judge bench.
