Excelsior Correspondent
Srinagar, June 8: The High Court has directed the Chief Secretary to file an affidavit indicating therein as to whether the order of Court whereby the relieving order of former Director SKIMS A G Ahanger has been stayed, was conveyed to him or not.
Dealing with a contempt petition filed by Dr Ahanger (Ex-Director SKIMS) alleging therein that the Government has deliberately violated the Court order whereby his relieving order was stayed despite that they relieved him and made interim arrangement for the post of Director in total disregard of Court orders.
After hearing Senior Counsel Z A Shah on behalf of Dr Ahanger who submitted before the Court that the Court order was served to the authorities on the very day when it was passed as also the Advocate General on the hearing day represented all the respondents in the case as such his knowledge shall be deemed to be the knowledge of all the persons. Apart from this, the interim order passed by this Court on January 11, was extensively reported by all newspapers and despite that the Government relieved the petitioner-Ahanger from the post in question and made interim arrangement for the said post, Justice Hanjura directed the CS to file an affidavit indicating therein as to whether he was aware of the Court order or not.
“In light of what has been averred in the petition coupled with submissions made by the learned senior counsel appearing for the petitioner, the Chief Secretary, J&K State, shall file an affidavit to the effect whether the order of this Court was or was not conveyed to him”, Justice Hanjura directed.
Court also wanted to know by way of affidavit which has been sought from CS as to whether the petitioner-Ahanger requested him that he should be allowed to participate in the deliberations of the Governing Body as Member Secretary.
Petitioner-Ahanger was relieved from the post of Director SKIMS and Ex-Officio Secretary to Government, with immediate effect and attached to General Administration Department after a news channel in a sting operation has divulged that various doctors of the institute are involved in private practice despite ban by the Government.
Advocate Shah stated before the Court that in terms of the Government order no.45-GAD of 2018 dated 6th January 2018, two orders had been passed by the Government. Under the first direction, the petitioner was relieved of the duties of the post of the Director, SKIMS and Ex-Officio Secretary to the Government.
The second order directed Dr. Pawan Kotwal to discharge the functions of the post of Director, SKIMS in addition to his own duties and in terms of the Government Order no.84-GAD of 2018 dated 11th January 2018, only second part of the direction was modified.
The senior counsel averred that the Court on January 11 itself stayed the whole of the impugned order and in law it would mean that the part of the order directing that the petitioner is relieved of the duties of the post of Director SKIMS and Ex-Officio Secretary to the Government, was also stayed and authorising Dr. Kotwal to discharge the functions of the post of Director SKIMS was also stayed.
The petitioner stated that he met the Chief Secretary, as well as Private Secretary of the Chairperson of the Governing Body, to allow him to participate in the deliberations of the Governing Body as Member Secretary. But both expressed their helplessness and he was not allowed to participate in the deliberations of the Governing Body as Member Secretary. Instead Prof. Omar Javed Shah was allowed to act as Member Secretary of the Governing Body, where ultimately various decisions were taken.
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