“It is pity that the order of the Hon’ble high court passed in February 2020 has not been complied with by the respondents despite the grant of several opportunities by them”
Nitesh Sangral
In probably first case of its kind, Central Administrative Tribunal (CAT) Jammu bench has reportedly directed the Drawing and Disbursing Officer (DDO) of the Health and Medical Education (H&ME) Department, Jammu and Kashmir Government to ‘stop’ the salary of Financial Commissioner Health and Medical Education- Atal Dulloo till next date of hearing, for allegedly not complying orders of the Tribunal.
The official order (in possession of The Typewriter) reads, Vide order dated 23-02-2021, this Tribunal had directed that order dated 13-02-2020 passed by the Hon’ble High Court be complied with by the Financial Commissioner, Health and Medical Education Department, Government of J&K by or on next date of hearing i.e, 08-03-2021 in the Tribunal and file the compliance report.
“However, no compliance affidavit has been filed by the respondents. It has been submitted by the learned counsel for the applicant that the order of the hon’ble high court has not been complied with by the concerned respondents and reflects the sorry state of affairs existing in the administration,” reads the order, adding that it has been further submitted by the learned counsel for the applicant that the order be executed under law by issuing coercive measures.
The order further reads that it is a pity that the order of the Hon’ble High Court passed in February 2020 has not been complied with by the respondents despite the grant of several opportunities by them.
“In these circumstances, in the first instance, direction is given to the DDO of the Health and Medical Education Department, Government of J&K not to release the salary of the Financial Commissioner, Health and Medical Education Department, Government of J&K till the next date of hearing,” reads the order.
Earlier, the petitioner while working as Consultant, Radiology at SMGS Hospital, Jammu, was transferred and shown posted on deputation basis for a period of two years on the standard terms and conditions of deputation as envisaged in Schedule-XVIII of J&K CSR Vol. II, made in terms of Government Order No. 91-JK(HME) of 2019 dated 30.12.2019 at GMC, Doda. The petitioner challenged the said Government order alongwith relieving order issued by the Principal, Government Medical College, Jammu bearing No. AHJ/2020/18-23 dated 1st of January, 2020 through the medium of writ petition bearing WP No. 436/2020 on the grounds detailed out therein. The writ court in terms of order passed on 13th of February, 2020 while issuing notice to the other side, had in the meantime, stayed the government order qua petitioner and the relieving order.
Meanwhile, the High Court on 13-02-2020 had ordered that subject to objections from the other side and till next date before the Bench, the Government Order No. 91-JK (HME) of 2019 dated 30.12.2019, qua the petitioner and Relieving Order No. AHJ/2020/18-23 dated 01.01.2020, shall remain stayed, if not implemented till date.
The petitioner who on the date of passing of the order dated 13th of February, 2020, was continuing in SMGS Hospital, Jammu, was required to be allowed to perform his duties there but as stated, the Principal, Government Medical College, Jammu though seeking instruction from the Financial Commissioner, is not allowing the petitioner to perform his duties at SMGS Hospital, Jammu. In response to the letter of Principal, Government Medical College, Jammu, Additional Secretary to Government, Health and Medical Education Department in terms of communication dated 25th of February, 2020, while conveying instructions has asked the Principal, Government Medical Education College, Jammu that the order dated 13th of February, 2020, is subject to objections from the other side and till next date of hearing before the Bench and the petitioner is deemed relieved, therefore, the aforesaid Government order stands implemented with further instruction that, under these circumstances, the petitioner cannot continue to perform his duties at his previous place of posting i.e. SMGS, Hospital, Jammu.
However, the Division Bench observed that the order passed by the learned writ court on consideration of the matter is in force, therefore, prima facie there is no scope for the Government to violate the writ court order without seeking its clarification, modification or vacation from the writ court. We also fail to understand as to how CAT Bench, Jammu is asking the respondents to implement the order of this Court under rules and as to what the CAT Bench, Jammu means by making the order of this Court subject to rules. Accordingly, we are inclined to issue notice in the matter and pass orders.
In the meantime, subject to objections from the other side and till next date of hearing before the Bench, the impugned order dated 09.07.2020 passed by Central Administrative Tribunal, Jammu Bench, shall stay and the Financial Commissioner, Health and Medical Education Department, shall ensure allowing petitioner to perform his duties in SMGS Hospital, Jammu and legitimately earned salary be also released in favour of the petitioner since January, 2020. Respondents shall ensure implementation of the order and report compliance by or before the next date of hearing.
Sources in the H&ME Department alleged that Financial Commissioner did not let the copy of order reach the DDO. Sources also said that Financial Commissioner has filed revision petition for the same. However, it could not be confirmed till this report was published.
Despite repeated attempts , Financial Commissioner-Atal Dulloo was not available for comments.
