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| HC says its order flouted with impunity, seeks Govt's response within one week | | SKIMS Director Row | |
Early Times Report
Srinagar, Feb 22: The Jammu and Kashmir High Court on Thursday sought government response before "coercive steps" on how Dr Omar Javed was appointed as Director SKIMS despite its stay orders.
"Taking an overall view of the matter what is brought to the fore is that the order of this court appears to have been flouted with impunity by the respondent and all others at whose instance and on whose directions the two orders cited above came to the surface," a bench of Justice M K Hanjura said.
However, the court said, before taking any "coercive action" in the matter, notice shall be sent to the government for filing the statement of facts/compliance report within a week's time. "The record of the case on the basis of which the government order no. 84-GAD of 2018 dated 11.01.2018 and on the strength of which the meeting of the Governing Body was held on 12.1.2018 whereby the Governing Body CPSW 48/2018 ratified the decision relating to the entrusting of charge of the post of Director, SKIMS and Ex-Officio Secretary to Government to Prof. Omar Javed Shah, HOD Surgical Gastroenterology & Dean, Medical Faculty vide Government Order no. 84-GAD of 2018 dated 11.01.2018 till further orders and till a regular arrangement is made by the competent authority and the names of all such persons who participated in the decision making be also made known to this court on the next date," the court said and ordered to list the matter, a contempt plea by Dr A G Ahanagr on March 1. On January 12, hours after High Court stayed government's January 6 order, relieving Dr A G Ahanger from the post of Director Sher-e-Kashmir Institute of Medical Sciences (SKIMS), the ruling PDP-BJP alliance passed a fresh order to place Dr Omar Javed Shah as Director of the Valley's only tertiary care hospital.
"As approved by the Competent Authority and in partial modification of Government Order No. 45-GAD of 2018 dated 06.01.2018, it is hereby ordered that Dr. Omar Javed Shah, Professor Surgical G.E. and Dean Medical Faculty, SKIMS shall hold the charge of Director, SKIMS & Ex-Officio Secretary to Government, in addition to his own duties, till further orders," reads an order issued by the general administration department.
Earlier in the day, a vacation bench of Justice M K Hanjura had stayed the order after hearing counsel representing Dr Ahanger, senior advocate Z A Shah as well as Advocate General Jahangir Iqbal Ganai. "No reasons appear to have been given to support the order. The law on the subject is luminous and clear. It provides that the rule of fairness in government action is an essential feature. However, such fairness has to be founded on reasons," the court said and stayed the order (no 45-GAD of 2018 dated 6th January 2018) till next date of hearing on January 31. However, the court said this order shall be subject to objections from government. |
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