Excelsior Correspondent
Srinagar, July 31: Chief Judicial Magistrate (CJM) Srinagar has directed for personal appearance of Director Health Services Kashmir (DHSK) seeking information with regard to compliance of judgment.
The CJM Raja Tasleem has sought personal appearance of DHSK to apprise the court with regard to the present status of the case. The court had set aside the termination of Dr Abid Hussain and had directed to treat him in continuous services way back in 2008. Since the judgment was not implemented by the authorities compelling the aggrieved doctor to file an Execution Petition in order to get the basic judgment implemented.
As Dr Hussain was diagnosed with gastric malignancy which constrained him to apply for his leave and accordingly on 22.06.1995 he applied for 18 months leave supporting his application with a Medical Certificate.
The application was routed by the concerned Block Medical Officer through the concerned Chief Medical Officer to Director, Health Services Kashmir. Petitioner underwent surgery and applied for extension of leave from time to time. After undergoing treatment for the malignancy and after being declared healthy to resume the duties by the doctors, petitioner approached the authorities for allowing him to rejoin his duties.
Petitioner claimed to have not heard from the department till the year 2000 when he received a show-cause notice from the Commissioner-cum-Secretary, Health and Medical Education Department alleging therein that he was required to join his duties and report to SDH, Sogam, Kupwara.
Petitioner replied in detail to the notice stating therein that he never received any order to that effect. The petitioner claimed to have not heard from the department yet again and he again approached them and it was only then that the petitioner was informed that vide order No. 1017 HME of 2002 dated 23.12.2002 his services had been terminated.
Being aggrieved of the order of termination, he filed a suit for Declaration and Injunction on 20.02.2004 which was transferred to the Court of Sub Judge/Chief Judicial Magistrate, Srinagar and the trial court on October 16, 2008 declared the order of termination illegal and ineffective with the direction to the authorities to treat the aggrieved doctor in continuous services and allow him to discharge his duties as Assistant Surgeon.
The CJM court, while observing that the basic judgment from 2008 has not been implemented till date and sought personal appearance of DHSK. “Accordingly, the judgment debtor No. 3 (Director) shall remain personally present in the court on the next date of hearing in order to apprise this court from the present status of the case”, court directed.
The court was about to take coercive steps against the Chief Secretary, Commissioner-Cum Secretary, Health & Medical Education Department and Director Health Services Kashmir Srinagar but deferred the same till such time.
“…This court has left with no option but to take coercive measures against judgment debtors and in case no coercive measures are taken against judgment debtors, the decree holder shall not get anything out of the whole process whereas despite clear cut directions of this court…”, court observed.
The court further added that nobody appeared on behalf of these officials and no report with regard to filling of any SLP before the Supreme Court in that eventuality this court shall be constrained to take coercive measures against judgment debtors strictly in terms of law.
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