Jammu, March 01: In O.A./795/2024 titled PARVEZ AHMED Vs REVENUE DEPARTMENT after hearing CAT previously ordered as under:-
The instant Original Application has been filed by the applicant being aggrieved of the impugned order No. 104-FC (Rev) of 2024 dated 15.07.2024 issued by respondent No. 4 by order of the Financial Commissioner(Revenue), J&K whereby the applicant who has been placed under suspension by Deputy Commissioner, Jammu and has been attached in the office of SDM, Jammu North by virtue of order No. DCJ(Adm)43 of 2024 dated 03.07.2024 has been further attached in the office of Deputy Commissioner, Poonch in violation of Rule 23 of Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010.
2. The applicant who was posted as Patwari Halqa, Gurha Manhasan, Tehsil Pargwal, District Jammu has been placed under suspension by virtue of order No. 541-Rev-Adm-18-2024 dated 03.07.2024 issued by the Deputy Commissioner, Jammu and during suspension he has been attached in the office of Sub-Divisional Magistrate, Jammu North.
The applicant had complied with the aforesaid order dated 03.07.2024 and joined in the office of SubDivisional Magistrate, Jammu North and till date the no departmental enquiry has been initiated against the applicant in terms of provisions of Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956.
3. By virtue of order impugned bearing No. 104-FC(Rev) of 2024 dated 15.07.2024 issued by respondent No. 4 by order of respondent No. 2, the applicant has been relieved from the office of SDM, Jammu North and attached in the Office of Deputy Commissioner, Poonch.
4. Since the applicant is holding the District Cadre Post in Jammu, as such he cannot be posted beyond the territorial jurisdiction of District Jammu.
According to Rule 23 of 2010 Rules, a member of State, Divisional or District Cadre shall be transferable only within his own cadre and shall in no case be transferable from one Division Cadre to another Divisional Cadre or District Cadre or from one District Cadre to another District Cadre or Divisional Cadre posts.
5. In view of the above rule position the operation of impugned order No. 104-FC (Rev) of 2024 dated 15.07.2024 is stayed till the next date of hearing.
However, the Government is at liberty to place the applicant anywhere within the Jammu District.
6. Issue notice to the respondents returnable by the next date of hearing.
7. Mr. Hunar Gupta, learned D.A.G. appears and accepts notice on behalf of the respondents. Respondents are directed to file reply within four weeks.
But the case was listed on 19.09.2024 & CAT ordered as under:_
Reply not filed. Learned counsel for the respondents seeks and is granted four weeks’ time as a third and last opportunity to file reply.List on 19.10.2024.
& on 19.10.2024, it was ordered by CAT as under:-
Four weeks’ time as a matter of last opportunity is granted to the respondents to file reply. List on 21.11.2024.
But strange to mention here that super powers of officers did not ended here & on 21.11.2024 CAT ordered as under:-
Despite granting various opportunities to the respondents, they have failed to file the reply. Mr. Hunar Gupta, learned DAG is granted four weeks' time as a matter of last opportunity to file the reply, failing which the erring official shall remain present before this Tribunal on the next date of hearing. List on 19.12.2024.
Now, CM as Revenue Minister can see that how office of FCR is working in J&K causing delay in justice by openly non complying CAT orders again & again as on 19.12.2024, the office of FCR did not bothered to file reply following which CAT ordered as under:-
Despite granting various opportunities to the respondents, they have failed to file the reply. Ld. counsel for the respondents is granted four weeks' time as a matter of last opportunity to file the reply, failing which the erring official shall remain present before this Tribunal on the next date of hearing and explain why reply has not been filed till date.
List this case on 11.02.2025. Interim relief, if any, shall remain continue.
However, shocking to mention here that again the office of boss FCR did not complied CATs orders like other orders following which CAT ordered as under:-
In compliance to the previous order, today, Mr. Tahir, Additional Commissioner with FCR appeared before this Bench through V.C. and assured that he would file the reply by the next date of hearing.
In the interest of justice, last and final opportunity is granted to him failing which coercive action would be taken against him on that day.
List on 11.03.2025. Ram Mohan Johri Member (A)Rajinder S
But, incompetence of office of FCR did not ended here, because again CATs order did not bothered, which speaks the working of Govt as a whole & failure of LAW Department for not acting for non compliance of its time bound orders of filing reply's in one month?
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