DB dismisses Govt appeal against CAT’s order staying appointment of Supdt GMC Jammu

STATE TIMES NEWS

JAMMU: A Division Bench of Jammu & Kashmir and Ladakah High Court comprising acting Chief Justice Tashi Rabstan and Justice Rajesh Sekri dismissed Government’s appeal against order of the Central Administrative Tribunal whereby CAT stayed operation of impugned Govt. Order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of Dr Narinder Singh Bhutyal as Medical Superintendent GMC, Jammu.
Division Bench after hearing AAG Amit Gupta for UT whereas senior Adv Abhinav Sharma appearing for respondent, observed that the petitioners have filed the petition seeking to quash/set aside order dated 02.12.2022 passed by the Central Administrative Tribunal (CAT), whereby the Tribunal has stayed the operation of Government Order No.771-JK(HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of respondent as Medical Superintendent in Government Medical College, Jammu. DB further observed that a perusal of order dated 02.12.2022 revealed that the Tribunal has not decided the main petition, rather it has only stayed the operation of order dated 31.10.2022 (supra) to the extent of proforma respondent till the next date of listing. Therefore, instead of filing present petition, the petitioner-UT of J&K ought to have waited till 13.03.2023, when it would have the liberty to put forth its arguments for final hearing of the matter.
DB further observed that since the Tribunal has simply issued the interim order till next date of listing which cannot be construed to be the final wording in any sense, as such we are not inclined to entertain the present petition. Accordingly, the petition is dismissed along with connected miscellaneous application, if any. However, DB directed Registrar of CAT to prepone the date in O.A. No.1550/2022 and list the same on 28.12.2022, instead of 13.03.2023.