Jammu, March-06: In a landmark judgment Justice Alok Aradhe of J&K High Court Jammu quashed the attachment of Dr. Showkat CHoudhary I/C Assistant Professor and Head of Department of Gastroenterology Superspeciality Hospital Jammu.
The case was put for hearing by constituting a court for hearing on Friday at 5:30 PM and concluded about 9: 00 PM by Justice Alok Aradhe.
While setting-aside the attachment order of Dr. Showkat CHoudhary issued by Principal Govt Medical College Jammu on 19th of April, 2016, Justice Alok Aradhe observed that moot question which arises for consideration in the instant petition in the context of reliefs claimed by the petitioner is with regard to the validity of the order dated 19-04-2016 passed by Principal, Government Medical College, Jammu. A specific stand taken by the petitioner in ground that the respondent Principal, Government Medical College, Jammu on Incharge basis, has not been denied by the respondents in their reply. It is also not in dispute that the Principal GMC is neither the Appointing Authority nor the Disciplinary Authority of the petitioner. In the instant case, the order of attachment simplicter has not been passed but the same has been passed pending an enquiry.
During the course of hearing Adv Javed Iqbal submitted that the impugned order dated 19-04-2016 is ab initio void as the Principal GMC has no authority in law to pass this order. It is further submitted that Principal GMC is neither the Disciplinary Authority nor the Appointing Authority of the petitioner and, therefore, could not have passed the order. It is also submitted that petitioner has been rendered jobless. It is also urged that the impugned order suffers from vice of non-application of mind. It is further submitted that this fact is evident from the impugned order, as copy of the impugned order dated 19-04-2016 has been endorsed to Secretary to Government, Health and Medical Education Department, Civil Secretariat, Jammu for information and confirmation of the action taken. It is further submitted that the petitioner is being victimized without there being any fault on his part.
Justice Alok Aradhe further observed that is well settled in law that if an order is ab initio void, it cannot be cured by subsequent ratification. The order dated 19-04-2016 bears the mark of invalidity on its forehead and is void, therefore, no legal sanctity can be attached to subsequent ratification and refers various judgments of Supreme Court and Various High Courts of India. Justice Alok Aradhe said that in view of aforesaid enunciation of law by the Supreme Court, no sanctity can be attached to the order dated 19-04-2016 passed by Principal GMC Jammu. Accordingly, the same is quashed. With the quashment of order of attachment, the position of Dr. Showkat Choudhary prior to this order would be maintained. JNF
HC quashes attachment order of Dr. Showkat HOD Gastroentrology Superspeciality Hospital Jammu
