Jammu, March 31: In O.A./346/2025 With M.A./426/2025 Joint together titled DR MOHAN KUMAR Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing CAT ordered as under:-
Applicants have filed this OA being aggrieved of impugned order no. CMO-J/inquiry/2024/10192-97 dated 18.11.2024 passed by respondent no. 3 through the medium of which respondent no. 3, without any competence and jurisdiction constituted a committee comprising of respondent no. 4 to 6 to enquire into the allegations of alleged negligence against the applicants.
Learned Sr Adv has submitted that applicants are also aggrieved of Quashing Govt. Order no. 186-JK(HME) of 2025 dated 03.03.2025 passed by respondent no. 1 through the medium of which, in sheer violation of Rule 35 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and in sheer violation of principles of natural justice, the respondent no. 1 has virtually imposed three punishments i.e. complete ban on private practice by the applicants for a period of five years, withholding of one increment with consequential impact and thirdly transferring the applicants from Community Health Centre R.S.Pura & Community Health Centre Ramgarh to Community Health Centre Gandoh and Sub District Hospital Padder Kishtwar respectively.
By way of the present original application, the applicants have sought following reliefs:-
a. Seeking to quash impugned order no. CMOJ/inquiry/2024/10192-97 dated 18.11.2024 passed by respondent no. 3 through the medium of which respondent no. 3, without any competence and jurisdiction constituted a committee comprising of respondent no. 4 to 6 to enquire into the allegations of alleged negligence against the applicants;
b. Quashing Govt. Order no. 186- JK(HME) of 2025 dated 03.03.2025 passed by respondent no. 1 through the medium of which, in sheer violation of Rule 35 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and in sheer violation of principles of natural justice, the respondent no. 1 has virtually imposed three punishments i.e. complete ban on private practice by the applicants for a period of five years, withholding of one increment with consequential impact and thirdly transferring the applicants from Community Health Centre R.S.Pura & Community Health Centre Ramgarh to Community Health Centre Gandoh and Sub District Hospital Padder Kishtwar respectively;
c. Commanding and directing the respondents to allow the applicants to perform their respective duties as consultant in Community Health Centre R.S.Pura and Community Health Centre Ramgarh respectively as they were performing prior to the issuance of impugned Govt. Order no. 186-JK(HME) of 2025 dated 03,03.2025;
Learned senior counsel for applicants submitted that the respondent no. 3 without any competence and jurisdiction constituted a committee comprising of respondent no. 4 to 6 to enquire into the allegations of alleged negligence against the applicants and further seeking to quash impugned Govt. Order no. 186-JK(HME) of 2025 dated 03.03.2025 passed by respondent no. 1, whereby respondent no. 1 in sheer violation of Rule 35 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and in sheer violation of principles of natural justice and without holding an inquiry as contemplated under CCA Rules, 1956 and without affording an opportunity of being heard to the applicants, has virtually imposed three punishments i.e. complete ban on private practice by the applicants for a period of five years, withholding of one increment with consequential impact and thirdly transferring the applicants from Community Health Centre R.S.Pura & Community Health Centre Ramgarh to Community Health Centre Gandoh and Sub District Hospital Padder Kishtwar respectively.
Mr. Sudesh Magotra, Ld AAG appeared and opposed the applicants relief. Heard Ld counsel for parties. Prima-facie we have found substantial point to interfere with the impugned order since orders have been passed without following procedure and law governing field.
We have also found that the impugned orders have been passed on incorrect facts also. Be that as it may be, at this stage we admit the OA and issue the notice to respondents returnable within 6 weeks.
List on 28.04.2025.
In the meantime , opertaion of impugned order no. CMOJ/inquiry/2024/10192-97 dated 18.11.2024 & impugned Govt. Order no. 186- JK(HME) of 2025 dated 03.03.2025 is stayed.
Applicants will be allowed to perform their duties at the place where they were working before passing of the impugned orders.
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