Director ISM issues transfers, promotions of officers beyond competence

Fayaz Bukhari
SRINAGAR, Nov 20: The Director Indian System of Medicines (ISM) has made promotions and transfers of officers in the department without any competence and administrative department has sought order of competence of the department from him for issuance of the orders.
The Director ISM issued promotions and transfer orders of 13 Assistant Directors and ADMOs without any competence to issue these transfers and promotions of gazetted officers. Under the order, Dr Anil Kumar, who was Medical Officer ISM Jammu, was posted as Incharge Nodal Officer Ramban. Dr Randhir Kumar Dubey, who was Medical Officer ISM Jammu, was posted as Incharge Nodal Officer Kishtwar.
Dr Shabir Ahmad Matto, who was Medical Officer ISM Jammu, was posted as Incharge Assistant, Director Ayurveda. Dr Saroj Sharma, who was Medical Officer, Incharge Camp Office Headquarter, was directed to continue as Officer Incharge Directorate of ISM, J&K Jammu till further orders. Dr Syed Hyder Shah, who was Medical Officer, Incharge ADMO Baramulla, was posted as Incharge ADMO Rajouri. Dr Zubair Ahmad, who was Medical Officer, Incharge ADMO Rajouri, was posted as Incharge DDO/ ADMO Pulwama/Shopian vice Mohammad Ayoub Incharge DDO Pulwama/Shopian. Dr Muhammad Ayoub Ganaie, who was Medical Officer, Incharge DDO Pulwama/Shopian, was posted as Medical Officer ISM Dispensary Wampora Pulwama.
Dr Raja Amjad Ali, who was Medical Officer Incharge ADMO Budgam. was posted Incharge ADMO Baramulla. Dr SK Pandita, who was Medical Officer, Incharge ADMO Anantnag, was posted ADMO Budgam.
Dr Nuzhat Bashir, who was Medical Officer ISM Srinagar, was posted Incharge Nodal Officer Shopian. Dr Kuldeep Kumar Koul, who was Medical Officer ISM Kathua, was posted Incharge Assistant Director Unani. Dr Sajad Hussain Shuja, who was Incharge Assistant Director Unani, was posted Incharge ADMO Anantnag. Dr Rakesh Kumar Raina, who was Incharge Assistant Director Ayurveda, was posted as Incharge ADMO Poonch.
Out of these, five officers were even promoted which is the competence of Administrative Department only and needs financial concurrence as well. These officers are Dr Anil Kumar, Dr Randhir Kumar Dubey, Dr Shabir Ahmad Matto, Dr Nuzhat Bashir and Dr Kuldeep Kumar Koul.
The Administrative Department has shown its concern over the issuance of the promotion orders by the Director ISM. In a communication (vide No. HD/ISM/90/2017 dated 20-10-2017) from Under Secretary to Government of Jammu and Kashmir Health and Medical Education Department, Dr Murtaza Rashid, addressed to Director ISM, answers have been sought for his competence to issue promotion and transfer orders.
“Whether the transfer orders issued by you are in violation of transfer policy issued vide Government Order No, 210-HME of 2012 dated 13.03.2012 or not. A copy of delegation of order, which has authorized you to issue the transfers of Gazetted Officers borne on your establishment, may be also be furnished to this department”, the letter read.
In the meantime, the Jammu and Kashmir High Court has stayed the order on the ground that the Director has no such competence. The stay order (44534 dated 13/11/17), issued by Justice DS Thakur judgment read: “The order impugned in this petition has been challenged on the ground that the same has been passed by an Authority without jurisdiction. The order has been passed by the Director, whereas, according to learned counsel for the petitioners, the impugned order could be issued only by the administrative department concerned with the approval of the Minister in terms of relevant policy governing the issue. A prima facie case is made out”.

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