Srinagar: The Jammu and Kashmir Health and Medical Education Department has come under fire from the Central Administrative Tribunal (CAT) in Jammu, which has ordered the immediate suspension of salary payments to its Commissioner/Secretary for neglecting to issue appointment letters despite several orders.
In two separate cases, Dr Palvi Dubey vs Health and Medical Education Department and Dr Vasundhra Parihar vs Health and Medical Education Department, the orders point out the department’s repeated non-compliance with tribunal orders. Despite clear instructions dated September 13, 2024, the tribunal observed that although the candidates were selected for the appointment, the department had not yet issued their letters of appointment.
As per the orders, the department was given multiple opportunities to reply in both matters by the tribunal, which issued directions on November 19, 2024, and November 27, 2024. The direction required the department to provide written submissions and adhere to earlier directives. Following this, the tribunal warned to take coercive action if the department continued disobeying the directives regarding appointments. On December 30, 2024, the tribunal specifically directed the department to issue appointment letters within four weeks to the selected candidates (Palvi and Vasundhra), however, the department failed to comply even after being warned.
The tribunal, as per the orders, decided that stern punishment was necessary due to the department’s continued non-compliance of court directives. It made the extraordinary decision to order the Drawing and Disbursing Officer (DDO) to suspend the Commissioner/Secretary’s salary pending further directives. The Chief Secretary of Jammu and Kashmir was also directed to probe the matter and provide an action report before the next hearing, which is scheduled for February 28, 2025.
“Accordingly, the DDO concerned is directed to ensure that the salary of respondent no. 1 (Commissioner/Secretary, Health and Medical Education Department, Jammu) be stopped with immediate effect till further orders and Chief Secretary, J&K is directed to initiate an inquiry against the Respondent No. 1, as to why, the orders dated 13.09.2024 and 30.12.2024 were not complied with, and he was not present before the Court despite clear directions, and thereafter, take strict action against the officer for not complying the orders of the Court.”
The tribunal, consisting of Rajinder Singh Dogra as the Judicial Member and Ram Mohan Johri as the Administrative Member, denounced the bureaucratic inertia and emphasised how the public’s trust in the judiciary is damaged by delays in justice. “Justice delayed is justice denied,” the order stated, highlighting the plight of the applicants, who had been “running from pillar to post” to secure their rightful appointments.
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