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HC keeps Dr Riyaz's suspension order in abeyance 1/29/2014 11:50:00 PM Jammu, Jan 29 : Justice Virender Singh of J&K High Court Jammu Wing ordered that the suspension order of Dr. Riyaz Ahmed Incharge Superintendent Super Specialty Hospital Jammu dated January 24, 2014 shall remain in abeyance till next date of hearing. While staying the controversial suspension order of Dr. Riyaz Ahmed, Justice Virender Singh issued notice to Chief Secretary J&K, Taj Mohi-ud-Din Minister for Medical Education Dept J&K, Secretary H&ME, Principal GMC Jammu, Dr. Sunil Gupta HOD Urology and under Secy H&ME. In the detailed order Justice Virender Singh after hearing Senior Advocate KS Johal with Adv Rajesh Pal Smotra appearing for the petitioner whereas Deputy AG Neeru Goswami appeared for the state observed that the court is of the conscious of the settled legal position that Court should not interfere with the order of suspension unless it is passed malafide and for certain oblique motives without there being even a prima-facie evidence on the record connecting the employee. The present case on its on facts is that type only wherein the petitioner who was earlier transferred, alleged mala-fides against Taj Mohi-ud-Din Minister for Medical Education Dept J&K and the court finding prima-facie a case in favour of petitioner stayed the order of transfer and within the span of eight days only, the impugned order placing him under suspension came to be passed. This prima-facie smack mala fides in the bosom of someone who is against the petitioner and the petitioner is specific about it alleging mala fides against Taj Mohi-ud-Din who is none else but the Minister for Medical Education Dept J&K. all these facts cannot be overlooked by the court for purposes of granting interim relief so far it relates to order of suspension and ordered that till next date of hearing impugned suspension shall remain in abeyance and in case the enquiry contemplated against the petitioner is concluded within this period only, Deputy AG Neeru Goswami will place enquiry report on the record before the court on or before next date of hearing and directed Registry to list this petition onFebruary 10, 2014. JNF   Share This News with Your Friends on Social Network     Comment on this Story

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