Excelsior Correspondent
JAMMU, Mar 6: High Court today quashed the attachment of Dr Showkat Choudhary, Incharge Assistant Professor and Head of Department of Gastroenterology Superspeciality Hospital Jammu.
While setting-aside the attachment order issued by Principal Government Medical College Jammu on April 19, 2016, Justice Alok Aradhe observed, “moot question which arises for consideration in the instant petition in the context of reliefs claimed by the petitioner is with regard to the validity of the order dated 19-04-2016 passed by Principal, Government Medical College, Jammu”.
“It is also not in dispute that the Principal GMC is neither the appointing authority nor the disciplinary authority of the petitioner. In the instant case, the order of attachment has been passed pending an enquiry”, High Court said, adding “it is well settled in law that if an order is ab initio void, it cannot be cured by subsequent ratification”.
“The order dated 19-04-2016 bears the mark of invalidity on its forehead and is void. Therefore, no legal sanctity can be attached to subsequent ratification in the light of various judgments of Supreme Court and various High Courts of country”, Justice Alok Aradhe said.
Accordingly, High Court quashed the order of attachment with the direction that the position of Dr Showkat Choudhary prior to this order shall be maintained.
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