Excelsior Correspondent
JAMMU, Jan 29: High Court has kept in abeyance the suspension order of Dr Riyaz Ahmed, Incharge Superintendent Super Specialty Hospital Jammu till next date of hearing and issued notice to Minister for Medical Education, Taj Mohi-ud-Din, Chief Secretary, Secretary Health and Medical Education, Principal GMC Jammu, Dr Sunil Gupta, HoD Urology and Under Secretary Health and Medical Education.
While challenging the suspension order, Senior Advocate K S Johal with Advocate Rajesh Pal Samotra appearing for Dr Riyaz Ahmad submitted that impugned order of suspension was passed in order to harass the petitioner, who had summed up the courage to allege malafides against the Minister for Medical Education, Taj Mohi-ud-Din when he was earlier transferred vide Government Order No.21 HME of 2014 dated January 8, 2014, which was later stayed by the High Court.
“Within just seven days of passing of the present impugned order and the earlier order of transfer, there is in fact no material change in the fact situation and it is only after the Minister found himself uncomfortable because of the stay granted on the order of transfer, he managed to get the petitioner placed under suspension”, Advocate Johal said, adding “the petitioner has no objection if the entire matter with regard to purchases be sent to the Crime Branch for discrete enquiry so that everything is made public and whatever is alleged by the petitioner against the Minister vis-à-vis corrupt practice comes to limelight”.
He said that before placing the petitioner under suspension an advertisement notice was also issued by Under Secretary, Health and Medical Education Department inviting applications for appointment on academic arrangement basis for the post of Medical Superintendent in the Government Medical College and its Associated Hospitals and the petitioner was also seeking quashment of the order.
However, Deputy AG Neeru Goswami opposed the submission of Advocate Johal and submitted that the respondents were going to complete the inquiry within the fixed time frame of 21 days.
After hearing Senior Advocate KS Johal with Advocate Rajesh Pal Samotra appearing for the petitioner whereas Deputy AG Neeru Goswami for the State, Justice Virender Singh observed, ” the court is conscious of the settled legal position that Court should not interfere with the order of suspension unless it is passed malafide and for certain oblique motives without there being even a prima-facie evidence on the record connecting the employee”.
“The present case prima-facie smack mala fides in the bosom of someone who is against the petitioner and the petitioner is specific about it alleging mala fides against Taj Mohi-ud-Din who is none else but the Minister for Medical Education. All these facts cannot be overlooked by the court for purposes of granting interim relief so far it relates to order of suspension”, the High Court observed and ordered that till next date of hearing impugned suspension shall remain in abeyance.
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