Sacked official challenges termination, HC notice to Govt

SRINAGAR: The J&K High Court on Tuesday issued notice to government on a petition by former chief accounts officer of education department, challenging his termination by the ruling alliance of PDP-BJP recently.
The officer, Mushtaq Ahmad Baba, is among 63 employees whose services were terminated recently by ruling government as part of its process to remove deadwood from the administration.
While admitting Baba’s petition, a single bench of Justice Mohammad Yaqoob Mir issued notice to the state government through Chief Secretary, Commissioner Secretary Finance, Commissioner Secretary GAD, member of constituted committee under Article 226 of CSR, Commissioner Secretary Home, another member of the committee as well as Abid Rashid Shah, the Joint Director School education department.
In his petition, Baba has claimed that the order of his termination despite ‘excellent service record’ was passed only at the behest of the Joint Director, who he said is close to the Education Minister Nayeem Akhtar.
Baba says that the Joint Directed got annoyed with him for opposing purchase of furniture ‘in violation of rules’ and using of the private instead of the departmental vehicle by him.
Elaborating, Baba said that the Joint Director was offered departmental vehicle but he categorically refused to use it on the excuse that all the seven departmental vehicles were badly affected by the floods.
“As all the seven vehicles are workable and functional, (I) offered him the departmental vehicle only, but the (joint director) engaged a private vehicle for his personal use and (I) initially opposed that action, but subsequently government approved the action and therefore he had been using a private vehicle.”
Besides, he said, the Joint Director purchased furniture of his own without following due procedure in terms of Financial Code and Rules.
“(I) did not accept to release the payment of such purchased furniture and requested the Joint Director to follow the codal formalities and then (the officer) who is a young IAS Officer of 2012 batch approached the Government that (I’m) creating hurdles in the office,” he said, claiming that contentions by the Joint Director being close to the Education Minister were acted upon and his termination ordered.
“The order impugned is totally bad in law and has been passed in violation of the settled principles of law laid d own by the Courts,” Baba says.
He has also submitted that his entire service record has been excellent which earned him promotions from time to time.
“There is no adverse material available in the Department against (me). (My) last promotion was ordered by the Government on 27 September 2013 on the basis of excellent service record and performance, and the DPC/Public Service Commission at ‘that time considered the service confirmed as CAO w.e.f. 15.02.2012.”
He said that the action of the government was absolutely arbitrary and a number of officers who have influence over the present set of Government have not been touched though they are facing criminal charges either in Departments concerned or before Court of Law.
Baba has pleaded the court to quash order (No. 863-GAD of 2015 dated 30.06.2015) and release of all consequential benefits in his favour.