HC issues notice CS, Ors; defers stay

Show Cause notice to Prof Nutan for reduction of one rank, recovery from pay challenged

25/01/2015

Jammu: In a petition filed by Prof Nutan Kumar Resutra then Principal GDC Rajouri presently Chairman BOSE challenging show cause notice issued by Higher Education Department seeking to reduce him lower post having the pay band of Rs 37400-67000/- and recovery of Rs 1, 37, 500/- from his pay on account of pecuniary loss caused to Govt exchequer while he was principal Govt Degree College Rajouri, Vcation Judge of J&K High Court Jammu Wing Justice Hasnain Massodi after hearing Adv Ajay Sharma appearing for the petitioner whereas Govt Advocate Monish Chopra for the Higher Education Dept and Adv Sheikh Shakeel Ahmed appearing to seek intervention in the matter, issued notice to Chief Secretary, commissioner Higher Education Dept, Deputy Secretary Higher Education and Dr. Kiran Bakshi Principal (enquiry officer) GDC Gandhi Nagar Jammu and notice was also issued in an application seeking stay of the show cause notice.
However, High Court deferred to stay the show cause notice and directed the Higher Education Department to file its objections by next date of hearing.
Justice Hasnain Massodi after hearing both the sides observed that petitioner through the medium instant petition seeks quashment of final show cause notice issued interms of Rule 34 of JU&K Civil Services (classification, control and Appeal) Rules 1956 whereby he has been given an opportunity to show cause against the penalty as to reduce him lower post having the pay band of Rs 37400-67000/- and recovery of Rs 1, 37, 500/- from his pay on account of pecuniary loss caused to Govt exchequer while he was principal Govt Degree College Rajouri.
Advocate Ajay Sharma appearing for the petitioner vehemently submitted that his client has not been provided the documents including the enquiry report and the whole enquiry conducted is against law and rule 33 of J&K CCA Rules 1956. on the other hand Advocate SS Ahmed submitted that the petition itself is not maintainable as the matter is pending before the Division Bench in a PIL and further the petitioner has filed a SLP in the Apex Court of India challenging the order of the division Bench whereby division bench had declared his appointment as Chairman BOSE illegal in view of pendency of departmental enquires against him. Adv SS Ahmed further submitted that parallel proceedings will not lie before the Single of Bench of the Court and the petitioner should approach the Division Bench or the Supreme Court where the matter is pending and is coming for hearing on February 13, 2015. Govt Advocate Monish Chopra also resisted the interim relief and pressed for time to file reply. JNF

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