STATE TIMES NEWS
JAMMU: Justice Bansi Lal Bhat of J and K High Court Jammu Wing stayed the impugned order to revert the petitioner from Incharge Chief Khilafwarzi officer to Khilafwarzi officer JDA.
The stay was ordered in a petition filed by one Narinder Singh whose rank was reduced by reverting him to the position of Khilafwarzi officer JDA from Incharge Chief Khilafwarzi officer. Justice Bansi Lal Bhat after hearing Senior Advocate P.S Dutta observed that it has been contended that the petitioner has been reduced in rank in terms of the impugned order which is per se arbitrary, capricious, illegal and ultra vires. It was further contended that the impugned order is not only punitive in nature but also visits petitioner with evil consequences as a stigma is attached to the petitioner and aspersion is cast on him. It is further contended that in the enquiry conducted in the matter no opportunity of being heard has been provided to the petitioner. It is contended that constitutional provisions have been violated.
High Court further observed that it is pointed out that in the objections, respondents have not disputed the factum of petitioner being relegated back to the position of Khilafwarzi Officer while he was continuing as Incharge Chief Khilafwarzi Officer in his own pay grade. It is also pointed out that in the objections that respondents have not come forward with the plea that an enquiry was conducted and the petitioner was visited with the penal consequences as a result of findings recorded in the enquiry and after being provided an opportunity of being heard.
High Court further observed that on a cursory view of the objections it emerges that the petitioner had been relegated from the Post of Incharge Chief Khilafarzi Officer to Khilafarzi Officer and has been visited with the penal consequences, without holding an enquiry, on the ground that he was a non-performer. The impugned order, prima facie being in violation of the principles of natural justice is required to be stayed. With these observations High Court stayed the order No. VC/PS/2014/1614-17 read with No. VC/PS/2014/1606-13 dated 3rd September, 2014. JNF