Non-issuance of NOC to retd HoD Radio Diagnosis
Excelsior Correspondent
JAMMU, Oct 28: In a significant order, Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Rashid Ali Dar has stayed the proceedings before the State Human Rights Commission including the notice dated October 21, 2019 whereby Commission had sought personal appearance of Dr Narendra Sharma, HoD Radio Diagnosis Government Medical College, Jammu in a complaint filed by Dr Ganshyam Dev, Ex-Professor and HoD complaining non-issuance of NOC by the incumbent HoD for processing his pension case.
The DB passed order in a writ petition filed by Dr Narendra Sharma through Advocate Irfaan Mohammad Khan seeking the quashment of the complaint filed by Retd HoD Radio-Diagnosis Dr Ganshyam Dev on the ground that SHRC does not have the jurisdiction to entertain and adjudicate upon the complaints involving service matters.
When the matter came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan invited the attention of the Division Bench towards Regulation 14 of J&K Human Rights Commission (Procedure) Regulations, 2011 which clearly creates a bar for entertaining complaints involving pure and simple service matters.
“Dr Narendra Sharma on his assuming the charge as HoD after demitting of office by Dr Ganshyam Dev issued circulars to incharges of various sections to submit their reply regarding the records (inventory/ items/dead stock) so that a view is taken in the matter”, Advocate Ahmed said, adding “SHRC in view of Regulation 14 was required to dismiss the complaint filed by Dr Ganshyam Dev in limini but without any jurisdiction issued notices to the Principal GMC and the petitioner who is incumbent HoD Radio Diagnosis and the act of seeking personal appearance of incumbent HoD is an abuse of process of law”.
Advocate Ahmed further invited the attention of the Division Bench towards Anti-Corruption Bureau’s communication No. SSP/ACBJ/ 2019/6554 dated 11-10-2019 whereby the ACB has conducted Joint Surprise Check with regard to a complaint against Dr Ganshyam Dev for his alleged acts of omission and commission during his long stint as HoD Radio-Diagnosis.
“With a view to stall the scrutiny of records Dr Ganshyam adopted a novel method by taking recourse to SHRC and the motive was to pressurize and harass the incumbent HoD so that he may succumb to his pressure and issue NOC when the process of examination of records and JSC is underway”, Advocate Ahmed further submitted.
After considering the submissions advanced at the Bar, Division Bench stayed the proceedings before the SHRC and also the personal appearance of Dr Narendra Sharma in a complaint filed by Dr Ganshyam.
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