‘Stop harassing employees’: CAT issues showcause notice to J&K additional resident commissioner

“The respondent… has prima facie interfered in the course of justice and has tried to attack and scandalise courts. There is nobody above law as law is supreme and we are all subservient to it,” Prashant Kumar and M S Latif, members of the Tribunal, said in the order.

“Courts are vested with the powers to administer justice. This court is not only to do justice but has to see that justice is done,” the Tribunal said in the order.

The case stems from complaints filed by employees of the Resident Commissioner’s office in New Delhi with the CAT against a notification issued by the additional resident commissioner in February.

In the notification, Sharma asked the class IV employees to appear in a test to fill vacancies of Junior Assistants available under 25% quota as per J&K Secretariat (Subordinate) Service Recruitment rules.

The litigant employees, however, challenged the order before the Tribunal.

The Tribunal, in its order, restrained the Additional Resident Commissioner from proceeding ahead under the impugned notification but allowed him to proceed in the matter in accordance with the Rules of 1971.

The employees approached the CAT again accusing Sharma of harassing and intimidating them for approaching the tribunal.

Sharma had issued a showcause notice to the litigants asking them to explain within two days “why they misled the court”, and threatened to refer the case to police. Sharma has also written a communication to the Registrar Judicial of the J&K High Court requesting him to initiate a comprehensive inquiry into the issue. The Tribunal took the communication seriously saying it amounts to “intimidating and scandalising the court”.

“Prima facie it appears that the official has not only threatened the applicants but has also threatened this court by requesting the Registrar Judicial, High Court of J&K and Ladakh, to initiate a comprehensive inquiry into the matter,” reads the order of the Tribunal.

“(The) communication… reveals that the Registrar Judicial has been requested to initiate a comprehensive inquiry into the matter. It is not understandable as to what the Additional Resident Commissioner, J&K Resident Commission was bent upon by addressing a letter to the Registrar Judicial, J&K High Court, Jammu/Srinagar, and whether the Additional Resident Commissioner intended to threaten this court for initiation of a comprehensive inquiry into the matter. It is apt to mention here that this Tribunal is a creation of the Constitution and is not subordinate to the Registrar Judicial of J&K High Court,” the order said.

The litigants, through their counsel, informed the Tribunal that while they responded to the showcause notice, some of the applicants were transferred and some were ordered to vacate their residential quarters.

The CAT also requested the Registrar Judicial, J&K High Court, to send the record of the communication addressed by Additional Resident Commissioner and action taken on it.

The CAT sought a detailed response from Sharma and listed the matter for April 8.