Srinagar: The J&K High court has directed Chief Secretary, J&K government to file an affidavit to answer if he was aware of the court order staying Dr A G Ahangar’s relieving order as Director SKIMS.
Hearing the contempt petition filed by Dr Ahnager, Justice M K Hanjura passed direction to Chief Secretary to file an affidavit whether the order of the court was conveyed to him and whether the petitioner requested him that he should be allowed to participate in the deliberations of the Governing Body as Member Secretary.
“Let such affidavit be filed on or before 12 July” the court said.
Senior counsel, Zaffar Shah representing Dr Ahanger contended that so far as the communication of the order dated January 11, 2018 is concerned, the Advocate General representing all the respondents in the case, his knowledge shall be deemed to be the knowledge of all the persons. Apart from this, the interim order passed by this Court on 11th January 2018, was extensively reported by all newspapers.
He further stated that the “contemnors” as well as all the persons who participated in the decision making of the governing body were aware of the interim order passed by the court. The petitioner (Dr Ahanger) even made the mention of the said order in his joining report. He also sent his joining report by e-mail as also by fax. The petitioner also personally delivered in the office of the Chief Secretary, J&K State, a copy of his Joining Report before 2.00 PM on 12th January 2018.
Similarly, the petitioner submitted a copy of his joining report in the office of the Chairperson (Private Secretary to the Chairperson).
After hearing the counsel, the court said, “According to the senior counsel, the contemnors as well as all those persons who participated in the decision making, were aware of the order passed by this Court and therefore, there is no escape for the contemnors and those as may be found guilty by this court, after the records are summoned for the contempt of this court.” Dr Ahangar had filed contempt petition against GR Mir, posted as Additional Secretary to the Government, General Administration Department, Civil Secretariat Jammu.
Dr Ahangar joined the duties back as Director SKIIMS on 11-January, 2018 after he was relieved from the post following a TV sting operation wherein three doctors of SKIMS were found indulging in private practice. The court stayed the relieving order on 11 January but was shown door by appointing doctor Omar at his place.
The next day a meeting of the governing body was called in Jammu. Being the member secretary of the governing body, Dr Ahangar flew to Jammu on the same day but he was not allowed to participate in the meeting. Instead Prof Omar Javeed Shah was allowed to participate as a member secretary where various decisions were taken.