Jammu, July 27: CAT directs J&K Govt not to take any coercive steps against "Doctor" .
The Order copy reads " In O.A./1040/2026 (JAMMU) [ DISCIPLINARY PROCEEDING ] titled DR VIPAN MAGOTRA Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing DB of CAT ordered as under:-
In this Original Application (in short O.A.), the applicant, who is posted as Professor & Head of Department of Radio-Diagnosis, GMC Jammu, has challenged the Government Order No. 415- JK (HME) of 2026 dated 13.05.2026 and Government Order No. 43-HME of 2013 dated 17.01.2013, issued by Respondent No. 1, whereby, he has been directed not to engage in any form of private practice.
2. Mr. Sunil Sethi, learned Sr. Counsel appearing on behalf of the applicant has urged that impugned order dated 13.05.2026 is arbitrary and discriminatory in terms of the Jammu and Kashmir Government Doctors (Relaxation of Restriction on Private Practice) Rules, 1998 issued vide SRO 132 dated 23.04.1998 and also in view of interim direction passed by the Hon’ble High Court of Jammu & Kashmir in SWP No. 640 of 2018 titled Prof (Dr.) Shaukat Jeelani & Ors Vs. State of J&K and another, wherein the impugned Government Order No. 43-HME of 2013 dated 17.01.2013 is already subject matter of challenge, in T.A. No. 3298 of 2021, which is pending consideration before the Srinagar Bench of this Tribunal.
3. It is further submitted by the learned Sr. Counsel that the applicant has filed a representation on 25.05.2026 to the Respondent No. 1 for reviewing the impugned order dated 13.05.2026, on the ground that applicant has never engaged in private practice during working hours, but without any response.
4. Learned Sr. Counsel has submitted that as an interim measure, the operation of impugned order dated 13.05.2026 be stayed, as the applicant is similarly situated viz-a-viz petitioners in T.A. No. 3298 of 2021, in which the Hon’ble High Court has already passed the interim directions.
5. Issue notices to respondents.
Mr. Sudesh Magotra, learned A.A.G. appears and accepts notices on behalf of the respondents.
6. List on 25.09.2026
7. In the meanwhile, subject to objections from other side and till the next date of hearing, the respondents are directed not to take any coercive steps against the applicant in terms of the impugned order dated 13.05.2026.
8. Let reply be filed by the respondents by or on the next date of hearing with advance copy to learned counsel for the applicant.
Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J)"
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