Judgment · High Court of Jammu & Kashmir and Ladakh
Judgment
Through: Mr. Alltaf Haqani, Sr. Advocate with Mr. Shakir Haqani, Advocate Vs
Union Territory of J&K through Commissioner/Secretary to Govt., Health and Medical Education Department, Civil Secretariat, Srinagar/Jammu
Director Health Services, Kashmir Opposite State Motor Garages, Bemina Bye-Pass, Srinagar.
Chief Medical Officer, Anantnag.
Block Medical Officer, Larnoo, Anantnag. .…. Respondent(s) Through: Mr. Sajjad Ashraf, GA Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 06.12.2023
2. Heard Mr. Haqani, learned senior counsel for the petitioner as also Mr. Sajjad Ashraf, learned GA for the respondents. The present petition has been filed against an interim order dated
07.11.2023 passed by the Central Administrative Tribunal, whereby the learned CAT declined to pass interim order protecting the service of the petitioner, who, according to the learned senior counsel for the 2 petitioner, has been serving for the last 27 years since 1996 and thereafter he has been given two promotions. However, subsequently the authorities by holding that the petitioner had been given appointment without following the Rules by an incompetent officer, removed him from service, though by giving notice. However, it has been submitted that various aspects have not been considered by authorities while removing the petitioner from service. Accordingly, the petitioner has approached the learned CAT. Unfortunately, the learned CAT did not pass any order to protect his interest. According to the learned counsel for the petitioner, in another proceeding i.e. WP(C) No.362/2020, this Court has granted some interim protection to the petitioner.
3. Be that as it may, we do not wish to make any observation at this stage. However, considering the fact that the learned CAT has not passed any order specifically rejecting the plea of the petitioner for interim protection, we remand the matter to the learned CAT to reconsider the prayer of the petitioner for passing an interim order for protecting his service and pass appropriate speaking order after hearing all the parties. It is also made clear that till such exercise is undertaken by the learned CAT, impugned Government order No.889-JK(HME) of 2023 dated 31.10.2023 will not be given effect to. This interim order will, however, be subject to any order that may be passed by the learned CAT after hearing all the parties on the prayer of the petitioner for passing interim order as directed above. Parties to appear before the Central Administrative Tribunal, Srinagar on 19th December, 2023. 3 The appeal shall stand disposed along with connected application with the aforesaid observations and direction. (Moksha Khajuria Kazmi) Judge (N. Kotiswar Singh) Chief Justice Jammu 06.12.2023 Vinod, PS Whether order is reportable: Yes/No
Precedent status how later indexed judgments have treated this case
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