Non-Compliance with HC order: Sukhu government has to attach the salary of Secy. Education

Himachal Pradesh High Court today took strong notice against the Education Secretary of Sukhvinder Singh Sukhu government as the court directed the state to attach the salary of the concerned officer for not complying with its order.

A Division Bench, comprising Justice Vivek Singh Thakur and Justice Bipin C. Negi, passed this order on two different petitions filed by Neel Kamal  Singh and Dr. Surinder Nath. 

The petitioners approached the High Court with the plea that they are superannuated employees of the privately run educational institutions, taken over by the Government of Himachal Pradesh, and are entitled to financial benefits like gratuity and leave encashment.

When State Government has not released consequential benefits both petitioners has  again approached the High Court for the execution of Court orders. 

The Execution Petitions so filed, were finally decided by the High Court, and the concerned department was directed to comply with the Court order but the respondents did not pay heed to Court orders despite sufficient opportunity afforded by the Court. 

The Court found that the Secretary (Education), to the Government of 

H.P. has failed to ensure the implementation of the order passed by the Court despite 

granting opportunity. This forced the court to take coercive measures for ensuring the implementation of its order. 

During the hearing on this matter today Bench made it clear in its order that on the persuasive request of the Senior Additional Advocate  General, appearing for the respondents, they are taking a lenient view, and instead of directing the civil imprisonment or detention of the concerned Officer,  only directing attachment of salary.

 Hence, the salary of the Secretary of Education to the Government of HP has been ordered to be attached till further order.

Court also directed Chief Secretary to ensure the attachment of salary by doing need within two days positively.

It is worthwhile to mention that the division bench of the Chief Justice of the High Court yesterday also had ordered to suspend a XEM Dharmpur for not complying with the high court order.

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