HC declines to stay Govt order

Attachment of GM JAKFED

Excelsior Correspondent
JAMMU, June 21: State High Court today declined to stay the operation of impugned Government Order No. 639-GAD of June 8, 2012 where under Divisional Commissioner has been asked to enquire into the complaints received about the functionaries and functioning of JAKFED and MD Ravinder Gupta and GM Girdhari Lal Abrol directed to report to the office of Divisional Commissioner.
Advocate S K Shukla appearing for petitioner G L Abrol submitted that service conditions of the petitioner are governed by the rules and regulations of JAKFED, therefore, power of removal, attachment and suspension lies with the Board of Directors only. “In view of this, the impugned order of attachment of petitioner with the office of Divisional Commissioner is not permissible under law”, he added.
On the other hand, AAG Gagan Basotra said that as per the Business Rules, Government has full control over JAKFED and impugned order has been rightly passed.
In the open court, Senior Advocate Sunil Sethi waved a copy of Pillai Fact Finding Report which established misappropriation of more than Rs 300 crore in fertilizer scam in JAKFED. He submitted that G L Abrol has been branded as prime-accused by the Pillai Fact Finding Report as such he was not entitled to any relief.
After hearing Advocate S K Shukla appearing for petitioner G L Abrol and AAG Gagan Basotra appearing for State, Senior Advocate B S Slathia with Advocate Ashish Sharma for Chairman JAKFED, Senior Advocate Sunil Sethi appearing for Caveator Ravinder Gupta, Ex- MD JAKFED and Advocate S S Ahmed appearing for Caveator Mohd Iqbal Mir, President JAKFED Employees Association, Justice Mohd Yaqoob Mir declined to stay the impugned order.
“The petitioner is at liberty to file a representation before the respondents and in such circumstances, the same should be considered and disposed of within four weeks”, the High Court said.


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