Rajesh Gupta
Jammu, May 15: In O.A./240/2025 (SRINAGAR) titled MOHAMMAD RAFIQ LALI Vs TRIBAL AFFAIRS after hearing CAT ordered as under;-
1. Through the medium of the instant petition, the petitioner has impugned an order bearing No.237-JK(EDU) of 2025 dated 17.03.2025, with a further direction upon the respondents to allow the applicant to complete this tenure as warden at G&B Boys Hostel, Srinagar.
Learned counsel for the petitioner has assailed this order impugned on the various grounds as contained in the O.A.
2. Perusal of the Annexure-9 of the O.A. reveals that the Assistant Commissioner, Revenue, Srinagar has addressed a letter to Chief Education Officer, Srinagar bearing No. DCS/LRA/337/2024 dated 06.03.2025 with the subject "D.O. letter received form Main Mehar Ali, Hon'ble Member of J&K Legislative Assembly regarding posting of Altaf Hussain, Master, Government Girls High School, Pandch to Gujjar & Bakkeral Boys Hostel, Srinagar as Hostel Warden."
A perusal of the aforementioned letter also reveals that it is unsigned (Page 38, Annexure-9 of the O.A.). Although it has been attested by the learned counsel for the petitioner, it bears a dispatch number."
3. Learned counsel for the petitioner was confronted, as to how, the court can consider annexure-9 of the O.A., as the same is not signed. To this, he submits that he has received the same through whatsapp, which was forwarded to him by his client.
4. Before proceeding further in the matter, it has become expedient and in the interest of justice to seek presence of Chief Education Officer, Srinagar, along with, Assistant Commissioner, Revenue, so that the veracity or otherwise of the letter dated 06.03.2025 is ascertained.
5. Mr. Satinder Singh, AAG and Mr. Waseem Gul, GA, are directed to convey this order to the above mentioned officials to appear before this court on 25.03.2025 in person along with all the relevant records pertaining to the issuance of the letter dated 06.03.2025, issued by the Assistant Commissioner, Revenue, Srinagar.
6. The officials to be present before this Court at 11:00 AM on 25.03.2025 before this court. Registry to list this matter as case no.1 before the Division Bench.
7. Registry is directed to provide a copy of this order to Mr. Satinder Singh, AAG, and Mr. Waseem Gul, GA, for compliance.
8. In the meanwhile, in order to preserve the subject matter of the O.A., till 25.03.2025, the petitioner shall not be relieved. Alteration, modification on motion.
Thereafter, On 21-03-2025, when this matter was listed for consideration, a need was felt to seek personal presence of the Assistant Commissioner Revenue (ACR), Srinagar, and the Chief Education Officer (CEO), Srinagar, to ascertain the veracity or otherwise of communication bearing No. DCS/LRA/337/2024 dated 06-03-2025, addressed to the Chief Edcuation Officer, Srinagar, from the office of the Deputy Commissioner, Srinagar, signed by the Assistant Commissioner, Revenue, Srinagar.
Matter coming up for consideration today.
In terms of the order dated 21-03-2025, both Shri Aijaz Ahmad Shah - ACR, Revenue, Srinagar, and Ms. Shabina Qaisar - CEO, Srinagar, are present before the court in person.
The ACR, Srinagar, submitted that he needs some time to go through the original record pertaining to the case and produce the same before the court. However, the CEO, Srinagar, did not deny receipt of letter dated 06-03-2025 from the office of the DC, Srinagar, signed by the ACR, Srinagar.
List this matter for consideration on 07-04-2025. but in the meanwhile, interim direction dated 21-03-2025 shall remain in force till next date of hearing.
Before parting, it is provided that on next date of hearing, the ACR, Srinagar, shall remain present before the court along with the record, dispatch Register and the dispatch Clerk. Regard being had to the submission that the CEO, Srinagar, is superannuating by the end of this month, therefore, there is no reason to seek her presence before the court.
However, the new incumbent of the office of the CEO, Srinagar, shall remain present before the court on next date of hearing. It is made clear that in case there is no new incumbent posted in the office, in that eventuality, the Deputy CEO, Srinagar, shall cause his appearance.
The photostat copy of the letter No. DCS/LRA/337/2024 dated 06-03-2025, as submitted by learned counsel for the petitioner before the court, is taken on record.
on 09.04.2025 CAT added that detailed orders have been passed in this matter on various occasions. On 07-04-2025, matter could not be considered in view of non availability of the Assistant Commissioner, Revenue, Srinagar - Shri Umar Gulzar, as such, it was ordered to be posted for consideration today.
The said officer is present is present in person before the court along with one Shri Mir Muzaffar, Senior Assistant in the office of the Deputy Commissioner (DC), Srinagar.
The record, whatever was available with the incumbent officer, was perused. He was confronted as to why the letter in question was routed through the office of the DC, Srinagar, that too, when it was addressed by the OSD to the Hon'ble Minister for Education.
Mr. Waseem Gul - GA, submitted that since the Gujjar & Bakerwal Hostels are under the administrative control of the DC, Srinagar, therefore, his NOC was required as the incumbent is to be transferred by way of deputation.
It is not forthcoming from the record as to whether the DC, Srinagar, has issued any NOC as regards the deputation. In this view of the matter, the Assistant Commissioner, Revenue, Sriangar, is directed to place on record the NOC, if any, issued by the office of the DC, Srinagar, for, as submitted at the bar, it was under his administative domain, as such, his nod was required in law. List this matter for consideration on 28-04-2025 as case No.1.
On 28.05.2025 CAT observed as "In the meanwhile, learned counsel for the parties to file their respective short sumbissions as well as the case law which they may like to rely upon at the time of arguments.
Interim direction, if any in operation, to continue till next date of hearing.
Heard learned counsel for the parties at length. Learned counsel for the petitioner has filed his written arguments.
Vide order dated 09.04.2025, Mr. Waseem Gul, GA and Assistant Commissioner, Revenue, Srinagar, were directed to place on record the NOC, if any, issued by the office of the DC, Srinagar, as regards the deputation of private respondent no.5 for his placement as Warden in Gujjar & Bakerwal Hostel.
Today, the matter came up for consideration. Needful has not been done by the respondents. In response, Mr. Waseem Gul, GA, undertakes that he will apprise this court regarding the the NoC, as was ordered earlier, during the course of the day. In this view of the matter, the matter is reserved for further orders.
Thereafter, the Division Bench of M S Latief (Judicial) and Prasant Kumar (Adm) quashed and set aside the order of his transfer with the direction to the aggrieved employee to move a detailed representation before the competent authority projecting all his grievances before it.
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