CAT notice to J&K in doc’s suspension case

Excelsior Correspondent
Srinagar, May 25: Central Administrative Tribunal Chandigarh has heard a case filed from Kashmir Division challenging the suspension order by an employee working in Health and Family Welfare Department after the Centre recently delegated the powers of hearing cases relating to employees of J&K and Ladakh UTs to the Central Administrative Tribunal.
The case has been filed by one Dr Bilal Ahmad Pahalwan of Anantnag, Kashmir challenging his suspension order. The applicant was earlier working as Medical Officer at District Hospital Anantnag and was suspended in December last year.
Pahalwan has filed the case through his counsel M Y Bhat and with his consent the matter was heard through Video Conferencing. CAT bench presided by Sanjeev Koushek after hearing the counsel issued notice to authorities for filing of objections by or before May 29.
The order of suspension has been challenged on the ground that the same is without jurisdiction and till date no enquiry has been initiated and not issued any charge-sheet against the applicant which is necessary under law first for placing the employee under suspension.
It is pertinent to mention here that the Centre recently delegated the powers to CAT to hear the cases relating the employees of both UTs under Central Administrative Tribunal Act.
High Court in view of the existence of CAT and under the Reorganization Act has on May 20 rejected to entertain a petition raising a service dispute of the employee in the service of Union Territory of J&K and Ladakh, by observing that the court has no jurisdiction to entertain the petition and asked the petitioner to present his case before CAT at Chandigarh which has the jurisdiction to hear his plea.