HC stays Dr Ahangar’s relieving order

HC stays Dr Ahangar’s relieving order

Srinagar: The Jammu and Kashmir High Court on Thursday stayed the government order removing Dr A G Ahangar from the post of Director, SKIMS.
Dr Ahangar was attached with the general administration department (GAD) on January 6 after a TV sting found three SKIMS doctors doing private practice.
Hearing the petition filed by Dr Ahangar through his counsel Zafar Shah, Justice M K Hanjura said, “For all what has been said and taking an overview of the instant case, the impugned order no.45/GAD of 2018 dated 6 January is stayed till 31 January, 2018. However, this order will be subject to objections from other side.”
Dr Ahangar’s counsel pleaded before court that the government order passed against the petitioner has no ground as no reason has been mentioned in the order as to why the petitioner is relieved from his duties. Shah said the “petitioner is of the view that order has been passed in lieu of paving way to some other doctor to hold the charge of Director, SKIMS”.
He also said, “in Service Jurisprudence, there is no concept of attachment”. He argued that for a fixed five-term service, “an order of attachment is without jurisdiction and cannot be passed in a case where a person is holding an office for fixed term. It is illegal and not known to law.”
Meanwhile Advocate General Jahangir Iqbal pleaded before court that the order has been passed by the competent authority as an interim measure whereby the petitioner has not been removed in the technical sense, so the order does not suffer from any infirmity or illegality.
“As a consequence of today’s order, Ahangar can resume his charge as Director SKIMS till the next date of hearing on 31 January,” his counsel Shah said.
Meanwhile, the doctors suspended following the TV sting operation also filed a petition before court on Thursday. The court issued a notice to the other side as it was informed that an enquiry has been initiated against them.

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