High Court reinstates DG ISM

Srinagar: J&K Government on Wednesday stayed the attachment of the Director General ISM Dr Abdul Kabir Dar in the alleged spurious medicine case. The court ruled that the Government had not followed due procedure before attaching Dr Kabir and rushed to attach him before giving him a chance to respond to charges.

“There is no material on record before the Court which would demonstrate that the respondents had followed the procedure before attaching the petitioner as provided under Rule 31 and 33 of the CCA Rules,” the order read. “Without following the procedure, the respondents have admittedly attached the petitioner on a mere ground that they are conducting enquiry into the procedure and processing of procuring the sub-standard drugs which is not even remotely connected with the misconduct, if any, of the petitioner”.

The court also expressed displeasure at the government’s hurry to attach Dr Kabir without giving him a chance to respond.

“How come a Committee constituted can conduct a regular .enquiry against the officer who has not been served with any charge sheet to meet out the charges alleged against him and on receipt of a reply from the delinquent official, the respondents can further proceed by holding an enquiry if the reply filed by the delinquent officer is not convincing,” the order read. “Accordingly, it is ordered that the portion of the impugned order which deals with attachment is stayed and respondents are directed to suitably post the petitioner commensurate to his status and position”..

Earlier, the court had issued a notice to the government seeking information as to whether the attachment of Dr Kabir was followed after serving him a chargesheet. But the court received no reply from the government.

The Government had attached Dr Kabir following news reports that a medicine lifted at a dispensary in Jammu was found to be spurious.  The Government had appointed a committee to probe the alleged irregularities which was given a week’s time to submit its report.

However in his reply to the Secretary Health and Medical Education Department, Dr Kabir had refuted the charges saying the purchase of the drugs had been made after following all the necessary formalities.

“ISM Department has acted in good faith and has taken every care and caution despite all odds and obstructions to place indent with JKMSCL (Medical Supplies Corporation),” the letter to Health and Medical Education Department reads.