Excelsior Correspondent
Srinagar, Apr 2: High Court dismissed the plea of Medical Officer seeking stay of his transfer with the observation that his conduct is depreciable as even after being burdened with costs by the trial on the issue.
Justice Ali Mohammad Magrey while dismissing the third round of litigation of Dr Farooq Ahmad Bhat-Medical Officer said this court, has already directed the petitioner to file a detailed representation before the respondents for seeking redressal of his grievance with a further stipulation to the respondents to consider the same in accordance with the law and the rules governing the field.
“This representation is pending before the competent authority and the petitioner, without waiting for the outcome of the representation, has, firstly; filed a suit before the court which was dismissed with costs and, secondly; the petitioner, now, has approached this court by way of the present writ petition<seeking continuation as BMO, Kalaroos” Justice Magrey recorded.
“The conduct of the petitioner is depreciable as even after being burdened with costs by the Additional District Judge, Srinagar, the petitioner has not stopped himself from approaching the court leading to multiplicity of litigation without any fruits to be reaped by the petitioner”, Justice Magrey said.
The petitioner had the option to pursue the representation pending before the respondents for seeking redressal of his grievances as directed which he has not done and, instead, approached High Court with the petition without waiting for the outcome of representation pending before the authorities.
In an earlier round of litigation, the petitioner had approached High Court through the medium of writ petition challenging order bearing No. 266-HME of 2019 whereby he was transferred as I/C BMO, Sogam, and posted as Medical Officer, SDH, Langate and the said petition was finally disposed of by directing the petitioner to file a detailed representation before his higher-ups seeking redressal of his grievances with reference to his posting as Medical Officer, SDH Langate within one week.
Despite the direction obtained from the High Court the petitioner Bhat approached the trial court challanging the same transfer order by way of filing suit without mentioning therein that he had already approached the High Court seeking same relief before the trial court which he had sought before the High Court. The trial court had imposed penalty of Rs 20,000 on the petitioner for concealing facts.
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