HC warns Com-Secy Health of contempt proceedings

Srinagar: Jammu and Kashmir Court has asked Commissioner Secretary Health and Medical Education Department to implement its orders on regular promotions before facing contempt proceedings.

While declining the officer’s prayer to extend time for complying with the directions passed earlier which essentially are aimed to do away with adhocism in the department, a division bench of Chief Justice M M Kumar and Justice Hasnain Massodi directed the Commissioner Secretary to complete the process of regular promotions at earliest.

“Prayer for extension of time cannot be considered. Let the order be first complied with then the application for extension of time would be taken up,” the bench said, adding, “We expect that the needful would be done without requiring use of initiating contempt proceedings.”

The court posted the case for further consideration on March 13.

As per the directions by the court, the department is required to finalize regular promotions so as to pave way for appointment on permanent basis of various posts including Director Health Services, Kashmir.

On January 1, 2013, the court had expressed its dissatisfaction over continuation of current stop-gap arrangement for DHS Kashmir and had directed government to fill up the post “strictly” within three months in accordance with the rules.

“Lest it gives an impression to the court that respondents are intentionally dilly dallying the matter so as to extend an undue benefit to anyone in completing this process, only three months from today (January 1, 2013) is granted to respondents to fill up the post,” the court had said.

The bench had directed government to strictly fill up the post in tune with Jammu and Kashmir Health and Family Welfare (Gazetted) Service Recruitment Rules, 2006.

On August 19 last year, the bench had extended by two months the time for completing process of regular promotion including that of CMOs, Medical officers, Senior Consultants which till date has not been made.

On last date of hearing, the court had directed Public Service Commission to file detailed status report giving exact dates on which the proposal for finalizing the regular promotion has been made to enable the court to “fix responsibility” on erring officers for delaying the process.

The Commission had informed the court that a proposal from Health Department was received in November last year which was deficient in certain manners.

It said that despite a reminder regarding the deficiencies, the department has not furnished the details which would have facilitated the process of the regular promotions.