Jammu, April 09: In O.A./402/2024 titled DR AKSHAY GUPTA Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing CAT Jammu ordered as under:-
By way of the instant Original Application, the applicant is challenging the communication bearing no. MEGztd/451/2023(CC; 7288794) dated 01.04.2024 and order bearing no. 266-IGGDCJ of 2024 dated 02.04.2024 issued by the respondents whereby an Associate Professor, who is junior to the applicant, has been designated as the Head of Department, Department of Orthodontics.
2. Learned counsel for the applicant submitted that some enquiry was initiated on the complaints made by the Staff/Doctor against the HoD/Applicant. These complaints were sent to the Committee, who further examined and enquired into the matter, and came to the conclusion for proceeding with further enquiry and recommended the removal of the applicant from the post of HoD.
3. The allegation of the applicant is that he has been targeted by those people who have made forged complaints against him to dislodge him from the post of HoD.
4. The applicant counsel further submitted that as per the Govt. Order No. 527-JK(HME) of 2023, dated 22.06.2023, the procedure for becoming the Head of Department of any department in Government Medical Colleges and Government Dental Colleges of Jammu and Kashmir are as follows: i. In the Department(s) with one professor, the Professor shall continue to be HoD of that Department. ii. In the Department(s) with multiple Professors, the post of HoD will be rotated amongst the Professors in every two years as per seniority.
5. Mr. Sudesh Magotra, learned A.A.G. and Mr. Abhinav Sharma, Sr. Advocate, (for respondent no. 3), stated that if there is more than one professors in the department, then rotation is adopted for the post of HoD but, where there is only one professor, the senior-most will be the HoD and in the absence of the professor, the senior-most would be the HoD, he may be an Associate Professor, Assistant Professor or a Lecturer.
6. In the present case, he is the only Professor, but against him the enquiry has been initiated and vide communication dated 01.04.2024, Government has also written to the Principal Indira Gandhi Government Dental College, Jammu to designate the next senior-most faculty member in the discipline of Orthodontics as Head of Department or himself assume the charge of HoD Orthodontics, till further orders.
In compliance to this order, the Principal has issued a communication dated 02.04.2024, by virtue of which the respondent no. 3 herein, has been designated as Head of Department, for fair enquiry that should not be influenced and no record can be tampered so the action taken by the Respondent Department by removing the applicant from the post of HoD and appointing the senior-most faculty as a new HoD is not wrong.
7. So, the balance of convenience is not in favour of the applicant.
Hence, there is no infirmity in the communication dated 01.04.2024(Annexure-A1) and communication dated 02.04.2024.
The respondents have followed the Principle of Natural Justice and to avoid any foul play the charge of HoD is assigned to the next senior-most faculty member till the enquiry is completed.
Hence, I am not inclined to grant any interim at this stage.
8. List on 29.05.2024. 9. Issue notice to the respondents. 10. Respondents are directed to file the reply within four weeks.
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