Excelsior Correspondent
Srinagar, July 25: High Court today directed the Government to take decision regard to disciplinary proceedings against the former Director Sher-e-Kashmir Institute of Medical Sciences (SKIMS) and inform the court on next date.
Justice Ali Mohammad Magrey while hearing the plea filed by then Director SKIMS Dr A G Ahanger against his ouster from the post of irector after sting operation against some doctors of SKIMS divulging their involvement in private practice, directed the Government to take decision in the matter and convey the same to the court on next date of hearing.
The direction followed after Javaid Iqbal Sr AAG appearing counsel for General Administration Department, submitted inquiry report in sealed cover.
Court after perusal of the inquiry report said that without going to the merits of the report, it is noticed that final report was submitted to the Government on 18.06.2019, therefore, the Government was expected to proceed further and take decision.
Sr AAG he submited that proceedings were under examination at various levels including Law Department and on receipt of the file by the General Administration Department, the matter is under active consideration of the Government for final decision.
“Law on the subject of conducting disciplinary proceedings against civil servants/ Government employee/employees of Sher-e-Kashmir Institute of Medical Sciences is settled and court has to see that such disciplinary proceedings are not stretched long unnecessarily, which may result in causing prejudice to the employee who is under suspension on account of facing disciplinary inquiry. It is settled that prolonged suspension amounts to punishment”, Justice Magrey recorded.
Justice Magrey recorded that without making any observation and recording any finding that may prejudice the rights of the parties, the Court only expects fair and judicious decision from the GAD.
“Admittedly, the process is complete and only decision is to be taken by the Government. It is also noticed that final inquiry report has been submitted to the Government on 18.06.2019, therefore, the matter is pending decision for the last more than one and half year”, court said.
Court asked the Bench Secretary to reseal the photocopy of the inquiry report and handover the same to the Registrar (Judicial) who shall keep the same in her custody and produce the same before the court on the next date of hearing.
Follow our WhatsApp channel