STATE TIMES NEWS
JAMMU: The State Government on Thursday suffered another setback as Dr Abdul Kabir Dar joins back as Director General (DG) Indian System of Medicines (ISM) after the High Court stayed his attachment order. The Court observed that attachment order has been issued without any charge sheet or enquiry.
The Vacation Judge of Jammu and Kashmir High Court, Justice Ali Mohammad Magrey on Thursday stayed the portion of impugned order related to the attachment of then Director General, Indian Systems of Medicine (ISM) Dr. Abdul Kabir Dar with the General Administration Department (GAD).
While hearing the petition filed by aforementioned DG, ISM in the case SWP No. 2563/2016 and MP No. 01/2016, the Court further asked the State to appoint him on the post commensurate to his status and position.
After hearing Advocate Abhinav Sharma appearing for the petitioner and Additional Advocate General Rohit Kapoor appearing for the State, the Court observed that no preliminary enquiry was conducted in the case for establishing the involvement of the aforementioned DG, ISM in procuring sub-standard drugs.
The Court further observed that preliminary enquiry is the fundamental requirement for carrying out proceedings against a government servant charged with such offence for ensuring punishment under Rule 33 of the CCA Rules.
Justice Magrey observed that without following the procedure, the State admittedly attached him on mere ground that the enquiry is being conducted according to the procedure.
The State has the power to take action according to applicable laws against the erring officers who are found to be involved in misconduct, embezzlement or processing of sub-standard drugs. But such action can only be taken after allowing the applicable procedure, the Court maintained.
With these observations, the Court stayed the portion of impugned order related to attachment of the petitioner and directed the State to suitably appoint him on the post commensurate to his status and position.
