Early Times Report
Srinagar, Apr 22: The State high court has asked government to continue with its inquiry against a food analyst against whom a Budgam court had made harsh remarks calling officers-like him "more dangerous than fatal-disease."
Hearing a petition by the analyst, Assistant Controller Food Hamid Ullah Dar, a bench of the court comprising Justice Ali Mohammad Magrey however asked the Government not to pass any final orders till directions by a Division Bench before whom the petition was ordered to be listed along with a PIL on food adulteration.
In his petition, the Assistant Controller Food has sought expunging of the remarks by the court of Judicial Magistrate Budgam on April 4, 2016.
"As the Food Analyst of Kashmir is the first judge of the case and in the system of justice, there is no place for a person who is either incapable or dishonest," the judicial magistrate Imtiaz Ahmad Lone had said and asked the government to remove Dar.
"The style and manner displayed by the Food Analyst Kashmir (Hamidullah Dar) while discharging his duties in all important matters can be judged in two situations. Either he is incapable to conduct test and discharge his duties to the expectations of his assignment or he is dishonest to his job," the court had said, underling that in both circumstances the need of the time was to remove him from the present assignment and initiate the process to declare him deadwood.
Following these remarks, the government ordered Dar's attachment with the office of Deputy Controller Drug and Food Control Organization Kashmir till completion of a detailed enquiry into his conduct.
As the petition came up for hearing before the high court, additional advocate general, M I Dar objected to it, saying it was not maintainable as the accused diary company has already filed an appeal against the judicial magistrate's order.
The high court was also informed that a matter regarding food adulteration is already pending with a division bench in a PIL. Counsel representing Hamid Ullah Dar contended that his petition was maintainable and referred to a Supreme Court judgment in support of his contention.
After hearing both the side, the single bench of the court ordered court's registry to list the petition along with the PIL on food adulteration after seeking orders from Chief Justice.
"Till listing of the matter, respondents are free to conduct inquiry, already initiated, against the petitioner however, the final orders shall not be passed," the court added. |
