Authorities appear to have planned hoodwinking of law: HC

Excelsior Correspondent

Srinagar, Mar 2: The High Court today said it appeared that the authorities had devised a plan to hoodwink the law in the appointment of Director SKIMS and directed the authorities to name those officers who attended the meeting of Governing Body for appointment of new Director.
Court said the authorities appeared to have devised a ploy to hoodwink the process of law. The court of Justice M K Hanjura said the order of this court passed earlier had directed the contemnor to spell out the names of the persons who participated in the decision making process which culminated into the issuance of the two Government orders.
“The contemnor shall comply with the directions incorporated in the order dated 21.02.2018 of this court in letter and spirit and shall file the compliance report on or before 16th March 2018, failing which appropriate orders shall follow on the next date”, Justice Hanjura directed.
Court sought report as to who participated in the meeting of the governing body held on 12.01.2018, whereby the body ratified the decision related to the entrusting of charge of the post of Director, SKIMS and ex-officio Secretary to Government to Prof. Omar Javed Shah, HoD Surgical Gastroenterology & Dean, Medical Faculty.
Till date, who these superiors were, under the dictates of whom he passed the order, have not been made known to the court.
Court directed the contemnor G R Mir to comply with the directions incorporated in the order passed earlier by the court in letter and spirit and file the compliance report on or before next hearing date, failing which appropriate orders shall follow on the next date.
The petitioner-Ahanger in its contempt petition stated that the contemnor as well as all the persons who participated in the decision making of the governing body were aware of the interim order passed by this Court.
Aggrieved by the contravention of the order dated 11.01.2018 passed by this court in the petitioner-Ahangar  has filed this petition for initiating contempt proceedings against the respondent/contemnor G R Mir, presently posted as Additional Secretary to the Government, General Administration Department, Civil Secretariat, Jammu.
He  stated that after the court order passed on January 11, an urgent meeting of the governing body of SKIMS was held on January 12 in the meeting hall of the Chief Minister’s Secretariat, Jammu, and the body ratified the decision taken previously by the chairperson vide Government order no. 45-GAD of 2018 dated 06.01.2018.
The governing body also authorized the Chairperson to order appropriate enquiry into the issues relating to “lack of supervision and control by the petitioner over the recent months”.
It also ratified the decision related to the entrustment of the charge of the post of Director to Dr. Prof. Omar Javed Shah previously ordered vide Government Order No: 84-GAD of 2018 dated 11.01.2018 till further orders and till a regular arrangement is made by the competent authority.

It is vide order dated 11.1.2018  Court had stayed the operation of Government order no.45-GAD of 2018 dated 6th January 2018, whereby Dr Ahangar was relieved of the duties of the post of the Director, SKIMS and Ex-Officio Secretary to Government, with immediate effect and was directed to report to the General Administration Department.

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