Courts Cannot Usurp Powers Of Govt On Posting Official, Officers: HC

SRINAGAR — The J&K High Court on Tuesday said that it was for the government to see at what place and post a particular government official and officer is best suited. The court made the observations as it dismissed a petition by a medical officer, seeking to continue as Block Medical Officer Kalaroos in Kupwara.

“Time and again, it has been observed by various Courts of the country, including the Apex Court that the Courts shall refrain from interfering in the administrative matters of the Government by directing the executive authorities to transfer/post/place the Government officials/ officers at a particular place/ post,” Justice Ali Mohammad Magrey observed while dismissing Bhat’s petition by Dr Firdous Ahmad Bhat.

“It is for the Government to see as to at what place/ post a particular Government official/ officer is best suited, as per requirement and suitability,” the court added.

Dr Firdous had sought the court’s direction to allow him continue to perform the functions and duties as Incharge Block Medical Officer Kalaroos and direct the Treasury Officer Sogam to entertain and pass the bills which may be placed before him under his signatures in his capacity as Drawing and Disbursing Officer of BMO Kalaroos.   

Dr Firdous had approached the Court earlier, challenging order (No. 266-HME of 2019) on Mach 1, whereby he was transferred as in-charge BMO Sogam, and posted as Medical Officer, SDH, Langate.

“…merely because the petitioner (Dr Firdous) has been asked to hold the additional charge of BMO, Kalaroos in terms of order dated 21st of June 2018 by the Director General Health Services Kashmir, does not confer any right on the petitioner; be it legal, constitutional or fundamental, to approach this Court by filing the writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for directing the respondents (officials) to allow him to continue as BMO, Kalaroos.” 

“In the event, such a submission is acceded to and relief granted, same will amount to usurping the powers of the Government,” the court added.

On March 8 this year, the court had already directed Dr Firdous to file a detailed representation before the government for seeking redressal of his grievance with a further stipulation to the government to consider the same in accordance with the law and the rules governing the field.

“This representation is pending before the competent authority and the petitioner, without waiting for the outcome of the representation, has, firstly filed a civil suit before the civil Court which was dismissed with costs and, secondly the petitioner, now, has approached this Court by way of the present writ petition seeking continuation as BMO, Kalaroos,” the court said, adding, “The conduct of the petitioner is deprecable as even after being burdened with costs by the Additional District Judge, Srinagar, the petitioner has not estopped himself from approaching the Court leading to multiplicity of litigation without any fruits to be reaped by the petitioner.”

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