SHRC seeking personal appearance of HOD Radio-Diagnosis GMC

DB stays proceedings initiated by Retd. HOD complaining non-issuance of NOC

28/10/2019

JAMMU, OCT 28:In a significant order a Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Rashid Ali Dar has stayed the proceedings before the State Human Rights Commission including the Notice dated October, 21, 2019 whereby SHRC had sought personal appearance of Dr. Narendra Sharma HOD Radio Diagnosis Govt. Medical College, Jammu for October, 30, 2019 in a complaint filed by Dr. Ganshyam Dev Ex-Professor and HOD Radio Diagnosis GMC Jammu complaining non-issuance of NOC by the incumbent HOD for processing his pension case. These directions were passed in a writ petition filed by Dr. Narendra Sharma HOD Radio-Diagnosis GMC Jammu through Advocate Irfaan Mohammad Khan seeking the quashment of the complaint filed by Retd. HOD Radio-Diagnosis Dr. Ganshyam Dev on the ground that SHRC does not have the jurisdiction to entertain and adjudicate upon the complaints involving service matters.
When this matter came up for hearing Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan invited the attention of the Division Bench towards Regulation 14 of J&K Human Rights Commission (Procedure) Regulations, 2011 which clearly creates a bar for entertaining complaints involving pure and simple service matters. Advocate Ahmed further submitted that Ex-HOD has lodged a complaint before SHRC alleging non-issuance of NOC by the incumbent HOD which has allegedly stalled his pension case.
Advocate S.S. Ahmed with Advocate Irfaan Mohd. Khan further submitted that Dr. Narendra Sharma on his assuming the charge as HOD after demitting of office by Dr. Ganshyam Dev issued Circulars to Incharge of various Sections to submit their reply regarding the records (inventory/items/dead stock) so that a view is taken in the matter. Advocate Ahmed further submitted that SHRC in view of Regulation 14 was required to dismiss the complaint filed by Dr. Ganshyam Dev in limini but without any jurisdiction issued notices to the Principal GMC and the petitioner who is incumbent HOD Radio Diagnosis and the act of seeking personal appearance of incumbent HOD is an abuse of process of law.
While advancing the arguments Advocate S.S. Ahmed with Advocate Irfaan Mohd. Khan vehemently argued that Dr. Ganshyam Dev functioned as HOD for almost 15 years and there is no maintenance of records and Incharge of several sections are scrutinizing the same and the petitioner is yet to receive the inputs from the Incharge of various Sections.Advocate S.S. Ahmed further invited the attention of the Division Bench towards Anti-Corruption Bureau's communication No.SSP/ACBJ/2019/6554 dated 11-10-2019 whereby the ACB has conducted Joint Surprise Check with regard to a complaint against Dr. Ganshyam Dev Retd. HOD Radiology for his alleged acts of omission and commission during his long stint as HOD Radio-Diagnosis and the petitioner has been directed by the ACB to furnish various details with regard to the tenure of the erstwhile HOD.Advocate S.S. Ahmed with Advocate Irfaan Mohd. Khan vociferously argued that Dr. Ganshyam Dev with a view to stall the scrutiny of records adopted a novel method by taking recourse to SHRC and the motive was to pressurize and harass the incumbent HOD so that he may succumb to his pressure and issue NOC when the process of examination of records and JSC is underway.Advocate Irfaan Mohd. Khan also submitted that law on the point is no longer res-integra as the J&K High Court has already in its several authoritative pronouncements have held that SHRC has no jurisdiction to entertain and adjudicate upon service disputes of the employees in any Department.
After considering the submissions advanced at the Bar, the Division Bench headed by Justice Dhiraj Singh Thakur in the open court stayed the proceedings before the SHRC and also stayed the personal appearance of Dr. Narendra Sharma incumbent HOD Radio Diagnosis GMC Jammu in a complaint filed by Dr. Ganshyam Dev Retd. HOD Radio Diagnosis. JNF

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