Excelsior Correspondent
Srinagar, June 16: Jammu and Kashmir High Court today stayed the transfer order of 123 Patwaris issued by Deputy Commissioner Kupwara that were done in defiance and derogation of circular and instructions of Financial Commissioner (Revenue) Kashmir wherein all DCs and Div Coms were directed not to make any transfer of any patwaris till harvest period is over.
Justice Hasnain Masoodi after finding malafides in the transfer order of DC Kupwara challenged by 36 patwaris, through their counsel Advocate Tariq Lone and Advocate Owais Geelani directed the said order shall not be kept in force. “Till then impugned order qua petitioners shall not be acted upon”, directed Justice Masoodi.
Court after passing the order of stay directed the Divisional Commissioner Kashmir to give a fresh look to the impugned order in light of grievances highlighted by the petitioners in their petition.
“Petition is disposed off with the direction to Divisional Commissioner Kashmir, to issue fresh order in light of reservations voiced against the order and grievances highlighted in petition and take a decision in the matter by or before June 30”, court directed.
It is pleaded by the petitioners that the order of DC Kupwara has been issued in contradiction to circular and instruction by Financial Commissioner (Revenue) whereby all the DCs have been directed not to affect transfer of patwaris during harvest period till the Girdawaris are completed by them in their respective halqas.
The Financial Commissioner in its circular while observing that some DCs are making frequent transfers of field staff without adhering to the procedure laid down by the Government, warned “the lapse on part of the revenue authorities has been viewed seriously” as (Girdawari) is one of the most important function entrusted to Revenue department for conducting harvest inspection.
Saying the transfers during this period is clear cut violation of rule 15 of Standing Order no.22. “Accordingly all DCs are hereby directed not to make any transfer of patwaris during the harvest inspection period till the concerned patwaris complete the Girdawaris in their respective halqas, as per guide lines issued under standing order no. 22. Consequently any transfers, if made by the Div Coms or DCs are hereby ‘kept in abeyance’ till the Girdawaris under process are completed”, orders the FC in its Circular.
Throwing the Circular of FC into the winds and putting the same on back burner, DC Kupwara directed transfers of 123 patwaris without following the directions and instructions contained in the Circular of FC.
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