SHIMLA: The High Court of Himachal Pradesh has issued a stern warning to the State Government over its failure to comply with court orders.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi has directed the Office of Advocate General to reveal the identities and details of officials who have not followed the court's directives by tomorrow at 10 AM.
This action comes in response to a petition filed by one Kirpa Ram, seeking the implementation of a judgment dated July 1, 2021, which ruled in his favor.
Mr. Ram's grievance is related to his employment as a daily wage worker in the Forest Department in 1995, with an understanding that his services would be regularized after eight years.
However, the department only regularized his service in 2007, causing significant financial loss and mental distress to Mr. Ram.
In its July 2021 judgment, the High Court ordered the respondents to consider Mr. Ram's case in light of a previous ruling in the matter of Daulat Ram and Others Vs. State of H.P.
Despite the court's clear directive, the respondent department failed to implement the order, forcing Mr. Ram to return to the High Court for redress.
In a previous hearing, the Court emphasized that the respondents could not discriminate between similarly situated individuals and instructed them to ensure compliance with the court's order by September 21, 2023.
The Court also warned that any further delay by the concerned authorities would be seen as obstruction of justice, potentially leading to criminal contempt charges.
During today's proceedings, the Court received instructions dated September 23, 2023, from the Deputy Conservator of Forests, Suket Forest Division, Sunder Nagar, District Mandi, requesting an additional eight weeks to comply with the court's order.
Expressing strong displeasure at the State Government's non-compliance, the Court stated its intention to take coercive measures, including civil detention of individuals obstructing the implementation of court orders and the attachment of their property or salary.
Consequently, the Court has directed the Office of Advocate General to disclose the names and other details of the non-compliant respondents by tomorrow at 10 AM to enable the Court to take appropriate action.
Furthermore, the Court stressed that it is the duty of the State, through the Home Department, to uphold the Rule of Law.
As subsistence allowances are required for the civil detention of non-compliant officers, the Court has instructed the Secretary (Home) to make necessary arrangements for depositing these allowances.
The matter has been scheduled for the next hearing on September 26, 2023, at 10 AM, as the High Court continues to address this case of non-compliance by the State Government.
