SrinagarHours after Jammu and Kashmir High Court stayed governments January 6 order, relieving Dr A G Ahanger from the post of Director Sher-e-Kashmir Institute of Medical Sciences (SKIMS), the ruling PDP-BJP alliance passed a fresh order to place Dr Omar Javed Shah as Director of the Valleys only tertiary care hospital.
As approved by the Competent Authority and in partial modification of Government Order No. 45-GAD of 2018 dated 06.01.2018, it is hereby ordered that Dr. Omar Javed Shah, Professor Surgical G.E. and Dean Medical Faculty, SKIMS shall hold the charge of Director, SKIMS & Ex-Officio Secretary to Government, in addition to his own duties, till further orders, reads an order issued by the general administration department.
Earlier in the day, a vacation bench of Justice M K Hanjura stayed the order after hearing counsel representing Dr Ahanger, senior advocate Z A Shah as well as Advocate General Jahangir Iqbal Ganai.
No reasons appear to have been given to support the order. The law on the subject is luminous and clear. It provides that the rule of fairness in government action is an essential feature. However, such fairness has to be founded on reasons, the court said and stayed the order (no 45-GAD of 2018 dated 6th January 2018) till next date of hearing on January 31. However, the court said this order shall be subject to objections from government.
By virtue of the January 6 order, the state government relieved Dr Ahanger as Director, SKIMS and Ex-officio Secretary to Government, with immediate effect.
He was also asked to report to the General Administration Department while Dr. Pawan Kotwal (IAS), Principal Secretary to the Government, Health & Medical Education Department, was asked to discharge the functions of the post of Director SKIMS in addition to his own duties till further orders.
Justice M K Hanjura referred to jurists Voltaire: The sentiment of justice is so natural, so universally acquired by all mankind, that it seems to me independent of all law, all party, all religion.
The court also added another jurist Jeremy Tailors quote said, No obligation to justice does force a man to be cruel, or to use the sharpest sentence. A just man does justice to every man and to everything and then if he be also wise, he knows there is a debt of mercy and compassion due to the infirmities of mans nature; and that is to be paid.
The court said further said: I do not presume to be wiser than these two wise men, to add anything here, but the action of the Government does not appear to be transparent. No reasons for making such an order have been given. The order does not seem to be reasonable or in the public interest.
In his plea, Dr Ahanger stated that he substantively holds the post of Professor in the department of Cardiovascular and Thoracic Surgery SKIMS and his appointment as the Director has been made after a full-dressed selection process and was appointed for a period of five years or till he reaches the age of sixty-five years, whichever was earlier.
He submitted on January 5, one of the private television channels exhibited sting operation conducted by one of their correspondents showing that three doctors, being faculty members in SKIMS, were found indulging in private practice, which was not within his knowledge. Immediately after sting operation was telecasted, the petitioner addressed a communication to the Chief Secretary, reporting disclosure so made and for further advice appropriate action.
On the basis of the report, he said, the Chairperson Governing Body of SKIMS (Chief Minister), accorded approval to the placement of the three doctors under suspension and also holding of enquiry against them. However, he said, by separate order on January 6, he was relieved of the post of Director SKIMS.
Dr Ahanger said he filed a representation to the chairperson of the governing body on January 8. Dr Ahanger said that he had taken action against the three faculty members at his own level but the power to suspend any faculty member does not vest in him. He submitted that when he came to know about the sting operation, he immediately informed the Government and based on the approval granted by the Chairperson, the three faculty members were placed under suspension pending enquiry against them.
Dr Ahanger pleaded that he suspects that his removal from the post of Director was for the benefit of some doctor, who is likely to be made the Director SKIMS on incharge basis, leaving the petitioner in the state, in which he is at present.
He said he also suspects that there was a well thought of plan and scheme to engage somebody else in his position and this could only be realized after his removal when there was no justification to pass the impugned order as the petitioner had nothing to do with the misconduct of three doctors, whom the petitioner had placed under suspension after the accord of approval by the Chairperson. Senior advocate Z A Shah, representing him, strenuously stated that the order does not divulge any reason muchless cogent or material one, to relieve his client of the duties of the post of Director, SKIMS.
Advocate General Jahangir Iqbal Ganai said that order has been issued by competent authority and that it does not suffer from any infirmity or illegality. Dr Ahanger has not been removed in the technical sense as the order was outcome of proper exercise conducted by the authority and it has been done on the basis of interim measure, he added.
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