Amidst CB’s FIR for making ‘fake’ Association, Govt seeks written reply from 8 accused Medical Officers

‘Fake’ AYUSH Doctors Association

VIVEK SHARMA
JAMMU: Eight senior doctors of the Health and Medical Education department already booked for running fake AYUSH Doctors Association have been given fifteen days time by the government to file their replies in their defense.
The government has asked Ayush doctors Dr. Zahoor Ahmad Tantary, Dr. Mushtaq Ahmad Parrary, Dr. Shabir Ahmad Parray, Dr. Mohammad Amin Kawa, Dr. Javid Hussain Magloo, Dr. Farooq Ahmad, Naqashbandi, Dr. Riyaz Ahmad Teli and Dr. Shiraz Ahmad Lone to submit a written statement of defense within 15 days of this memorandum and also to state whether they desire to be heard in person. “All these concerned doctors are further informed that if they do not submit their written statement of defense on or before the date specified above, further action as warranted under rules shall follow,” the order issued by Health and Medical Education department states.
The Articles of Charges attached with the order further states that “whereas, it has been alleged that the allegations were leveled against these 8 Medical Officers: They were involved framing fake association namely AYUSH Doctors Association; It was also found that the said fake Association is not registered either with Registrar of Societies of J&K and DIC; The requisite mandatory permission has not been obtained in terms of SRO 160 of 1995 dated 14th July 1995, read with SRO 269 dated 31 August 1998 and SRO 151 dated 24.04.2021; It was also surfaced that the letter head used by the ADAK was put into use on different fictitious names; The Official addresses furnished by the so-called Association were not found correct; The probe conducted Prima-facie disclosed that illegal activities were being carried out by so-called Office bearers of the illegal association who happen to be the Gazetted Officers/ Medical Officers of ISM Department J&K by way of Impersonation; The said fake Association was framed in violation of Section 10(3) 10(4) of J&K Government Employees (Conduct) Rules 1971 and in violation of rule 03 of 38&K Civil Services (recognition of service association rules-1995) and SRO-151 of 2001.
The Articles of Charges further states that “In this way, these senior doctors failed to maintain absolute honesty and integrity in discharge of your official duty and have thus acted in a manner unbecoming of a public servant thereby violating the provisions of Rule (3) of J&K Government Employees conduct Rule-1971 for which disciplinary proceeding as contemplated under Rules 33 of J&K Civil Services (CCA) Rules 1956 have been recommended to be initiated.”
“Now, therefore, before any action as warranted under rules is initiated, you may explain your position in the form of a written statement. Your reply should reach to this office within 15 days from the date of issue of this charge-sheet failing which it will be presumed that you have nothing to say in your defense and thereafter further action as warranted under rules shall be initiated against you,” the order states.
Statement of imputation of misconduct in respect of the Articles of Charges to be framed against these medical officers. Crime Branch, Kashmir received a complaint from Shabir Ahmad Gaffari, resident of Rathsoon Magam Budgam, at present Agarikalan Magam, alleging therein that fake Association of Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy (AYUSH) Doctors is running within the Territory of Jammu and Kashmir under the name of AYUSH from a fake address without any true credentials and has its office bearers in the form of President. Senior Vice President, General Secretary, Joint Secretary, Public Secretary and Treasurer.
The Association under no circumstances should have been formed by the persons holding the posts because all of them are government employees and are holding Gazetted positions in the Department of Indian System of Medicines (ISM). The complainant further alleged that in absence of any permission from the Competent Authority the formation of an Association, it becomes liable for action under the provisions of SRO 160 of 1995 and consequently the members are liable to be dealt with according to law for the illegality committed. The Fake Association is also resorting to blackmailing, extortion, harassment to ISM employees.
A verification was conducted by the Crime Branch, J&K and had probed the PV No. 75/2020 which relates to fake association namely AYUSH Doctors Association. During the course of inquiry the prima-facie case was established against the said fake association and accordingly case bearing FIR No. 34/2021 Under Section 420,506,12-B, RPC read with 5(2) PC Act, was registered in Police Station Crime Branch Kashmir.
“These Ayush Doctors have framed fake illegal association of Ayush doctors and was also established by the Crime Branch J&K Srinagar for which departmental action as contemplated under Rules of Jammu and Kashmir Government Employees (Conduct) Rules, 1971 is required to be initiated against all involved.” The Statement of Imputations signed by Under Secretary H&ME department reads as.
“In view of the above enumerated facts and figure it is proved beyond any shadow of doubt that act of omission and commission on the part of you is in contravention of J&K Civil Services Conduct Rules for which disciplinary proceedings have been proposed to be initiated against you, but not before giving reasonable opportunity of being heard,” the order signed by Under Secretary, Health and Medical Education Department said.