Excelsior Correspondent
Srinagar, July 7: The State High Court today declined to grant interim relief and rejected an application for grant of stay to the Government order under which 63 State Government officers were removed from the services.
Justice Mohammad Yaqoob Mir rejected an application of one of the terminated officers, Mushtaq Ahamd Baba, for grant of stay.
Court declined to grant interim relief to the petitioner who was working as Chief Accounts Officer with Education Department.
However, High Court admitted Baba’s petition who was recently removed from the services along with other 63 officers who were declared by the Government as dead wood and tainted.
Justice Mir at the very threshold admitted the petition of the petitioner namely Mushtaq Ahamd Baba wherein he had challenged the order of Government dated 30.6.2015 in which has was forcibly retired from his services.
Court after admitting the petition of Baba directed the Advocate General, Jehangir Ganai, who was present in the court and accepted notice on behalf of Chief Secretary, Commissioner Secretary Finance, Commissioner Secretary General Department and Commissioner Secretary Home to file the counter affidavit within four weeks time and ordered listing of the case on August 10.
Petitioner Baba in his petition seeks quashment of his retirement order with further direction upon the respondents to allow him to continue to work on his post and CAO and release all consequential benefits in his favour.
Petitioner alleges that that he has been made scapegoat as he had some differences with one Joint Director Education, Aabid Rashid Shah, who is close to the present Education Minister and therefore his contention raised before the Education Minister has been acted upon and the State Government has issued the order of retirement against him only because of malafide intention when the Joint Director Shah got annoyed with him as he (Baba) did not accept his demands.
Petitioner states that there is nothing adverse material against him and it is his unblemished record and excellent performance in his service career in the department as he was given due promotions from time to time from the post of Apprentice to the post of CAO.
It is further stated that the petitioner is never ever involved in any kind of corruption as he as 37 years service career and during the said entire service he has purchased 4 ½ Marlas of land and is living in the house of his father. “That to the knowledge of the petitioner Committee constituted headed by the Chief Secretary did not consider the material available in the department concerned and impugned order has been passed merely because of influence of the said Joint Director and on the basis of vague letter”, reads the petition.
Alleging that Chief Secretary without following rules and regulations made recommendations with other three Commissioners for ordering premature retirement against him along with other 62 officers and no public interest is involved in removing him from services and no record shows that the petitioner is dead wood.
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