PROF A G AHANGER Vs. G R MIR

JUDGEMENT

(1.) Petitioner is aggrieved of and impugns the Government order no.45-GAD of 2018 dated 6th January 2018, whereby he has been relieved of the duties of the post of the Director, SKIMS and Ex-Officio Secretary to Government, with immediate effect and directed to report to the General Administration Department.

(2.) The petitioner claims that he substantively holds the post of Professor in the department of Cardiovascular and Thoracic Surgery, SKIMS (Sher-e-Kashmir Institute of Medical Sciences, Srinagar). He claims to have been, prior to his appointment as Director, SKIMS, appointed as Director, North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong, Meghalaya. His appointment as Director, SKIMS, has been made after a full-dressed selection process was put into motion by the Governing Body of SKIMS. In terms of the Government Order no.13-HME of 2017 dated 12th January 2017, the petitioner was 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 sixty-five years, whichever is earlier. It is maintained by the petitioner that on 5th January 2018, 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 claims that immediately after sting operation was telecasted, he addressed a communication to the Chief Secretary of the State, reporting disclosure so made and for further advice and appropriate action. 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. However, vide impugned order bearing Government order no.45-GAD of 2018 dated 6th January 2018, he has been relieved of the post of Director SKIMS. This according to the petitioner compelled him to move a representation to the Chairperson of the Governing Body on 8th January 2018. It is next pleaded that the petitioner had taken action against the three faculty members of the Institute, against whom sting operation had been carried out by a private television channel and the petitioner could not have, at his own level, taken any action against these doctors, who hold senior faculty positions. The power to suspend any faculty member, it is insisted, does not vest in the petitioner and when the petitioner came to know about the sting operation, he immediately informed the Government and based on the approval granted by the Chairperson, the three faculty members were placed under suspension pending enquiry against them. The petitioner also maintains that he suspects 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. The petitioner also suspects that there is a well thought of plan/scheme to engage somebody else in his position and this could only be realized after removal of the petitioner when there was no justification to pass the impugned order as the petitioner had nothing to do with the misconduct of three doctors, whom the petitioner had placed under suspension after the accord of approval by the Chairperson. It is submitted that the petitioner had sought appointment with the competent authority but it did not materialise and he even made enquiry from other senior government servants but they all were tight lipped and said nothing. Even the petitioner made a representation, on which no action was taken. This, according to petitioner, has forced him to knock at the portals of this Court with the writ petition, bearing SWP no.19/2018, seeking quashment of the impugned order bearing Government order no.45-GAD of 2018 dated 6th January 2018, with a further direction to the respondents to allow him to resume the duties of the post of Director SKIMS.

(3.) This Court by order dated 11th January 2018, stayed the impugned order bearing no.45-GAD of 2018 dated 6th January 2018.