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HC quashes Govt's order declaring health officer 'deadwood' 6/28/2016 11:04:36 PM Early Times Report Srinagar, June 28: The State High Court on Tuesday ordered reinstating of a medical officer who was one among 63 officials terminated by the Mufti Sayeed Led government last year. Dr Riyaz Ahmad Dar, Medical Officer in Medical Supplies Corporation, was sacked from the services on 30 June 2015 based on report by a high level committee. The government had claimed that he did not enjoy a good reputation in the public and that he was involved in financial as well as administrative irregularities. The medical officer petitioned the high court through his counsel and prayed the court to quash the order bearing no.858-GAD of 2015 with a direction to command the government to reinstate him into service with all consequential service benefits. "A fair exercise has not been undertaken, that too by a high level constituted committee. Act of the Committee should not have been hasty as haste makes the waste. That I may say is quite apposite to be said vis-a-vis case of the petitioner. The grounds which made base for premature retirement of the petitioner are not supported by any material whereas appellant (Dar) has in categorical terms made his position clear vis-a-vis all grounds which position has not been refuted nor any material to controvert the same has been placed on record," a Single Bench of the Court comprising Justice Mohammad Yaqoob Mir said. The court said that power vested with the authorities has to be exercised judiciously with great caution. "Same must not suffer from any arbitrariness. In the context of the present case, if petitioner would have been a corrupt person, then at least some case would have been registered against him, some administrative action would have been taken against him coupled with the fact that he should not have been given important assignments," the court said and concluded his premature was not sustainable. Subsequently, the court quashed 30 June order regarding the officer and directed government to take him back into service and grant him all consequential benefits. Four months after it assumed office, the late Mufti Mohammad Sayeed's PDP-BJP government had on 30 June 2015 had prematurely retired from the services of as many as 63 officials including several engineers, KAS officers, doctors and around 30 junior officials from different services.   Share This News with Your Friends on Social Network     Comment on this Story

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