Excelsior Correspondent
SRINAGAR, Feb 22: Observing the court order has been flouted with impunity by the authorities and before taking action against the Government, High Court today sought records as also the name of those officers who attended the meeting of Governing Body to entrust the charge of Director SKIMS to new incumbent.
The Court of Justice M K Hanjura, while dealing with a contempt petition filed by former Director of SKIMS Dr A G Ahanger, said the order of the Court appears to have been flouted with impunity by the authorities and sought the records of Governing Body and the names of officials who attended to said body to nominate Professor Omar Javed Shah as In-charge Director SKIMS and Ex-Officio Secretary to Government.
“…However, before taking any coercive action in the matter, notice shall be sent to the respondent for filing the statement of facts/compliance report within a week’s time. The record of the case on the basis of which the Government order no. 84-GAD of 2018 dated 11.01.2018 and on the strength of which the meeting of the Governing Body was held on 12.1.2018 whereby the Governing Body ratified the
decision relating 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 and the names of all such persons who participated in the decision making be also made known to this court on the next date”, Justice Hanjura directed.
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 primarily, on the grounds that the contravention is blatant and it is an open defiance of the order passed by the court for the reasons that the petitioner on the same date i.e. the date of passing the order resumed the duties as Director SKIMS and ex-officio Secretary to the Government, and conveyed the same to all concerned.
Petitioner further stated that immediately after the issuance of the order by this court, the petitioner resumed the duties as Director of the Institute, and he learnt that a meeting of the Governing Body is being held at Jammu. On the same date i.e. 12.01.2018 petitioner flew to Jammu, being the Member Secretary of the Governing Body. Although the petitioner met the Chief Secretary, J&K State as well as the Private Secretary of the Chairperson of the Governing Body with the request to allow him to participate in the deliberations of the Governing Body as Member Secretary, yet both of them expressed their helplessness.
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