HC stays order of repatriation of three docs
16/10/2018
JAMMU, OCT 15: State High Court stayed the Govt order No 554-HME 2018 qua to the petitioner whereby Govt order repartration of three doctors from Jammu to Srinagar.
This significant order has been passed in two different petitions filed by Dr. Mohit Arora & others and Dr. Javed Iqbal in which they challenge the Govt order No 554-HME of 2018 dated October 3, 2018 whereby Govt ordered repartriation of these three doctors from GMC Jammu to GMC Sringar.
Justice Sanjeev Kumar after hearing Adv Abhinav Sharma for the petitioners whereas Sr. AAG HA Siddqui for the State observed that order impugned has been issued, inter alia, on the ground that the same is in violation of the order of status quo passed by this Court on 17.09.2016 in SWP No. 1874/2016. It is submitted that apprehending their repatriation and also being aggrieved of Government dated 03.03.2006, the petitioners approached this Court by way of SWP No. 1874/2016 in which this Court, while issuing notice to the respondents in the said writ petition, directed the respondents to maintain status quo as it existed on the date of passing of order dated 17.09.2016.
Adv Abhinav Sharma appearing for the petitioner submitted that while the order dated 17.09.2016 aforesaid is in operation, the respondents have passed the impugned order which has the effect of disturbing the status of the petitioner.
Justice Sanjeev Kumar after hearing Adv Abhinav Sharma for the petitioners inlength observed that it is apparent that the order impugned runs counter to the order of status quo passed by this Court on 17.09.2016 in SWP No. 1874/2016. Prima facie, a case for indulgence at this stage is made out and issued notice, notice accepted by Sr. AAG seeks two weeks time to file objections.
In the meanwhile, Court ordered that subject to objections and till next date before the Bench, the order impugned in so far as it pertains to the petitioners shall stay. JNF
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