DB directs UT to initiate, conclude selection of MS on substantive basis in GMC Jammu within four weeks
04/06/2023
JAMMU, Jun 3: In a LPA filed against the judgment of Central Administrative Tribunal whereby CAT quashed the appointment of Dr. Narinder ingh Bhutyal as Medical Superintendent, Govt Medical College Jammu, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Tashi Rabstan and Justice Puneet Gupta directed UT of J&K shall initiate and conclude the selection of Medical Superintendent on substantive basis in Government Medical College, Jammu within a period of four weeks from today positively and place the compliance on record on or before the next date fixed.
When the petition came-up for hearing, DB after hearing both the sides issued notice to respondents which were accepted by the counsels.
DB directed subject to filing of objections from other side and till next date before the Bench, it is directed that respondent no.2 in WP(C) No. 1293/2023 i.e. UT of J&K shall initiate and conclude the selection of Medical Superintendent on substantive basis in Government Medical College, Jammu within a period of four weeks from today positively and place the compliance on record on or before the next date fixed i.e. 14.06.2023.
DB further observed that the CAT vide impugned order dated 16.03.2023 while quashing the impugned order dated 31.10.2022 has not specified and directed as to who will perform the duties as I/c Medical Superintendent, GMC, Jammu. Keeping in view the aforesaid fact and that smooth functioning of the day to day affairs of administration and optimal patient care is imperative, we permit Dr. Narinder Singh Bhutyal who is respondent no.2 in WP(C) No. 1278/2023 and who is also petitioner in WP(C) No. 1293/2023 to continue as I/c Medical Superintendent, Government Medical College, Jammu as a temporary measure, till the next date of hearing.
During the course of hearing it was submitted during the course of arguments that Dr. Rakesh Kumar Sharma, who is respondent in the writ petitions has filed contempt petitions in view of judgment passed by the CAT. DB directs that the proceedings in these contempt petitions shall remain deferred in view of directions passed above by this court.
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