Excelsior Correspondent
SRINAGAR, Nov 21: High Court today continued the stay on transfer of Indian System of Medicine (ISM) doctors even as the department filed application for vacation of the stay order.
The Director ISM had issued transfer and promotion orders of 13 Assistant Directors and ADMOs without any competence to issue these transfers and promotions of Gazetted Officers. The Administrative Department had also raised questions over the competence of the Director to issue such kind of orders.
The Court of Justice D S Thakur issued notice to the petitioner counsel for filing of objections to the application within two days as the department counsel expressed urgency in the matter and submitted that the stay order has created some confusion in the department.
Court had stayed the order of transfer of ISM doctors passed by Director ISM, Dr Abdul Kabir Dar after the counsel appearing for these doctors submitted before the court that the impugned order of director has been on mala-fide and on extraneous considerations.
They submitted that the Director has no jurisdiction to pass any such kind of order and sought its quashing. “Though the impugned order has been issued on September 26 but till date the same has never been served upon them and within a day after passing of the impugned order many officers have been made to put their joining reports in the Directorate itself”, read the petition.
Four doctors Dr S K Pandita, Dr Rakesh Kumar, Dr Syed Hyder Shah and Dr Shujad Hussain Shuja have approached the court that among them Dr Pandita is at the verge of retirement and despite that he is sought to be dislodged by the Director from the present place of posting.
It was also submitted that Dr Kabir was initially working in the department and was holding the post of Director in ISM but subsequently on the basis of certain complaints he was removed from the said post.
If was further added that while working as Secretary (Technical) in H&ME department since from January 2017, he has managed to hold the additional charge as incharge Director ISM.
They further submitted that the post which the petitioners are holding fall within the jurisdiction of Minister incharge for purpose of transfer who may delegate the powers to MoS or Administrative Department and in any case the competent authority to make the transfers is the Government.
It was further said, that in order to wreck vengeance from the petitioners and some other officers of the department, it appeared that first onslaught was on Dr Shah. The director started an enquiry on unfounded grounds and got him attached by the District Development Commissioner, Baramulla.
The order was challenged before the court and got stayed in its first hearing with the observation by the Court that there has been some move by the respondents–Director and Medical Officer Baramulla to tarnish the image of Dr Shah.
It was also said that in order to scuttle the process of making promotion of the eligible doctors who have a right to be promoted as ADMOs/ADs, the Director is harassing some doctors including the petitioners who have been raising their voice against the misdeeds of him as such passed the impugned order which has even not been served upon them.
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