HC rebukes Govt for non-implementation of directions

GMC Principal Dr Samia removed
Excelsior Correspondent
SRINAGAR, May 3: Government today removed the Principal Government Medical College Srinagar, Dr Samia Rashid, after High Court rebuked it for not implementing its directions issued early this year.
The Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan while dealing with the contempt proceedings, said that despite the passing of judgment which quashed Dr Samia Rashid’s appointment in the month of February, is continuing as Principal GMC, which does not only reflect of her disobedience towards the Court orders but also shows her ignorance to the procedural of laws and rules.
Expressing serious concern on the issue, Court this morning directed that she should stop functioning as Principal of the College from today in compliance with the judgment. “Registrar Judicial Srinagar shall ensure the implementation of the order by 4 pm today and report compliance. The matter is listed again at 4 pm”, the DB directed this morning.
Court in case of any difficulty faced by Registrar Judicial kept open for her to have the assistance of Inspector General of Police Kashmir in ensuring compliance of Court directions. Copy of the order has also been directed to be sent to the Chief Secretary for information and compliance.
Court for the regular arrangement on the post directed the Chief Secretary and Principal Secretary H&ME to ensure the implementation of judgment within two weeks. Court while directing for removal of the Principal had asked the Principal Secretary H&ME to ensure smooth and proper functioning of the College and the Associated Hospitals. “It shall be the responsibility of the Principal Secretary H&ME to ensure that the patient care does not suffer till the interim arrangement is made”, read the order.
When the bench was constituted again at 4 pm, the Counsels appearing for Health and GAD submitted before the Court that in tune with its directions, H&ME department issued an order (No.467-HME of 2019 dated 3.5.2019) where in charge of the post of Principal has been assigned to Dr. Kaisar Ahmad Koul till further orders with immediate effect. Copy of the order was also furnished to the Court.
In view of the latest position, the court dropped the contempt proceedings against the contemnors to the extent of making interim arrangement but the contempt proceedings would be live with reference to the implementation of judgment on making the regular arrangement for the post of GMC Principal for which two weeks time has been granted.
Court observed that the prestige, honour and dignity of the Court is supreme and nobody, irrespective of the nature, would be allowed to play with the honour or dignity of the Court orders.
“It is not only the power but the duty of the Court to uphold and maintain the dignity of the Courts and majesty of law which may call for such extreme steps”, the Court recorded.
“If for proper administration of justice and to ensure due compliance with the orders passed by the Courts, it is required to take strict view under the Act, it should not hesitate in wielding the potent weapon of contempt”, the Court said.


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