Excelsior Correspondent
Srinagar, Dec 18: The Central Administrative Tribunal has pulled up the Health and Medical Education (H&ME) authorities for flouting the court orders and giving false statement in shape of affidavit in order to mislead the court.
The Division Bench of M S Latief (J) and Prasant Kumar (A) while hearing a contempt petition filed by a doctor whose services were terminated after a gap of 18 years but the order was stayed by the bench of High Court but despite that she was not allowed to continue her services.
The bench said, the contemnors have not only held the order of this Court in breach but have also violated the orders passed by the Division Bench of the High Court and the Deputy Secretary, Health and Medical Education being a Government official was expected to be independent and impartial, he owes his duty not only to the State Government but equally to the Division Bench of the High Court, as also this Court, being a person holding high post of Deputy Secretary.
“He cannot escape the liability of having made prima facie a false statement on oath, so as to mislead this Court and to pollute the stream of administration of justice. Court orders are to be complied with grace and not with a rod as nobody is above law whosoever it is high or low”, CAT bench observed during proceedings of the case.
The Deputy Secretary in his statement of facts further revealed that vide order dated 09-08-2023 passed by the ACT, the cancellation of the appointment of the applicant was stayed. Further he has admitted in his statement of facts that the order passed by this Tribunal could not be executed in view of the fact that the private respondent was already appointed vide Government order dated 04-08-2023. Yet again, he further admitted that the Tribunal vide interim order dated 22-09-2023 passed stay on the revised recommendation dated 19-07-2023 given by the Public Service Commission.
“The statement of facts clearly established that the respondents had knowledge of the order passed by this Tribunal and despite knowledge, they have flouted the orders passed by this Court. It is pertinent to mention here that the Division Bench of the High Court had already directed that there are 17 vacancies of the post of Dental Surgeons which have not been notified to the Commission for the purpose of selection, therefore the respondent could easily be accommodated to any of the said vacancies without disturbing the selection/appointment of any candidates either as per the select list of 2005 or any other select list prepared thereafter”, the CAT clarified
Deputy Secretary Health and Medical Education Department, Shakoor Ahmad Dar in his statement of facts submitted that he will comply the directions passed by the High Court as also the orders passed by this Tribunal in letter and spirit, as such sought one week’s time. “Court orders are to be complied with grace and not with a rod as nobody is above law whosoever it is high or low”, the CAT recorded.
“This Tribunal while exercising its jurisdiction in contempt proceedings can undo the wrongs which have been done to the petitioner and restore status quo ante. The Deputy Secretary Health and Medical Education will remain present on December 20. Copy of the order be served upon to Commissioner/Secretary Health and Medical Education Kashmir”, the CAT directed.
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