HC stays removal of SKIMS Director - watsupptoday.com
HC stays removal of SKIMS Director
Posted 12 Jan 2018 03:56 PM

Agencies
The High Court today stayed the order of Government whereby Director Sher-i-Kashmir Institute of Medical Sciences (SKIMS) was removed from the post and attached to the General Administration Department.
Hearing the petition filed by the Dr G A Ahanger, Justice M K Hanjura stayed the order of Government (dated 6.1.2018) under which Ahanger was relieved from the post of director SKIMS and attached to General Administration Department.
“For all what has been stated and done above, and taking an overall view of the case set up by the petitioner as also given the submissions made by the learned counsel for the parties, the impugned order no.45-GAD of 2018 dated 6th January 2018, is stayed till next date of hearing before the Bench. However, this order shall be subject to objections from other side”, Justice Hanjura directed and listed the case for further consideration on January 31.
While stopping the operation of order against petitioner, Court said the action of the Government does not appear to be transparent as no reasons for making such an order have been given and thus the order does not seem to be reasonable or in the public interest.
Court added that Advocate General has not stated before the Court that any inquiry has been initiated against the Director and as a sequel thereto, the order impugned has been passed.
It may be mentioned here that Dr Ahanger was relieved from the post immediately after it has surfaced that despite blanket ban on private practice, some senior doctors and HoDs of various faculties of the SKIMS are doing private practice.
By virtue of January 6 order petitioner had been relieved of the duties of the post of Director with immediate effect and asked to report the GAD and Dr Pawan Kotwal Principal Secretary to H&ME department was asked to function on the post of Director SKIMS in addition to his own duties till further orders.
Senior Advocate Zafar Shah on behalf of the petitioner submitted before the Court that the Dr Ahangar substantively holds the post of Professor in the department of Cardiovascular and Thoracic Surgery, SKIMS (Sher-e-Kashmir Institute of Medical Sciences, Srinagar) and his appointment as Director, SKIMS, has been made after a full-dressed selection process was put into motion by the Governing Body of SKIMS.
He was in terms of the Government Order (no.13-HME of 2017 dated 12th January 2017) appointed and confirmed as Director SKIMS and Ex-Officio Secretary to Government of Jammu and Kashmir, for a period of five years or till he reaches the age of 65 years, whichever is earlier.
“Looking on the entire gamut of the controversy raised in the petition on hand, the order of attachment of the petitioner prima facie does not appear to have been passed by the appointing authority”, Justice Hanjura said.
Court while giving the reference of advertisement Notification, by which the applications were invited from Indian Nationals for the position of Director Sher-e-Kashmir Institute of Medical Sciences, Soura, said it provided that the Governing Body of SKIMS shall be the ‘Appointing Authority’ for the post of Director and the order of the attachment didn’t appear to have been passed by the appointing authority.
Justice Hanjura further added that no reasons appear to have been given to support the order of removal and the law on the subject is luminous and clear. “It provided that the rule of fairness in Government action is an essential feature. However, such fairness has to be founded on reasons. The providing of reasons demonstrates the concept of reasonableness. The Government could have justified its action by stating that some inquiry was pending against the petitioner or that he involved himself into a conduct unbecoming of a person manning a post and so on and so forth”, court said.
He submitted that on January 5, one of the Private National Television Channels exhibited sting operation conducted by one of their correspondents showing that three doctors, being faculty members in SKIMS, were found indulging in private practice, which was not within the knowledge of the petitioner.
The petitioner claimed that immediately after sting operation was telecast, he addressed a communication to the Chief Secretary of the State, reporting disclosure so made and for further advice and appropriate action and on the basis of the report the Chairperson, Governing Body of SKIMS, accorded approval to the placement of the three doctors under suspension and also holding of enquiry against them.
The petitioner also maintained that he suspected that his removal from the post of Director is for the benefit of some doctor, who is likely to be made the Director SKIMS on incharge basis, leaving the petitioner in the State, in which he is at present.
Advocate Shah representing the petitioner, strenuously stated that the impugned order didn’t divulge any cogent reason or material one, to relieve the petitioner of the duties of the post of Director, SKIMS.
He submitted that the impugned order infringed the rights of the petitioner to hold the post of Director, SKIMS, in as much as it is also evident from the impugned order that it is not based on any report or recommendation and there has been no process leading to the passing of the impugned order.

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