Srinagar, May 2 (GNS): Jammu and Kashmir High Court has stayed a government order by virtue of which a gazetted officer has been relegated to daily rated worker following inquiry which showed goby to the rules at several instances.
A bench of Justice Sanjay Dhar stayed the government order after hearing senior counsel R. A. Jan for the petitioner–Abdul Qayoom Chalkoo.
The senior counsel said that by the order (No. 63-RD of 2020 dated 12.03.2020), issued by the by the government, Chalkoo’s status from a permanent employee of Rural Engineering Wing of Community Development/Rural Development Gazetted Service has been relegated to a daily rated worker. This, he said, has been issued without holding a regular inquiry and without adhering to the principles of natural justice and the constitutional guarantees as envisaged under Article 311(2) of the constitution of India.
“Prima facie there appears to be some merit in the submissions of the senior counsel appearing for the petitioner (Chalkoo),” the court said and issued notice to the government, returnable within two weeks.
“In the meantime, the status of the petitioner, as it existed prior to issuance of impugned order No. 63-RD of 2020 dated 12.03.2020, passed by respondent No. 2, shall not be disturbed,” the court said.
As per the inquiry report, a copy of which lies with GNS, Chalkoo was regularized against the vacant post of works supervisor on 21-12-2000 and was later allowed to work against vacant post of junior engineer in district Baramulla in his own pay and grade.
“The engagement/promotion of the official as the junior engineer from works supervisor was not made after following due procedure as required for such services,” the inquiry officer said.
The inquiry officer according to Global News Service said that Chalkoo was initially engaged as DRW on 11-06-1993 and later on regularized as works supervisor. He was allowed to work as a junior engineer till 28-12-2002 and later on regularized as a junior engineer with effect from 28-12-2000.
He was regularized as Assistant engineer on the notional basis from 25-10-2005 and regularly from 17-10-2011 on the recommendations of DPC.
After the inquiry, he was reverted back to his original position as a daily rated worker in district Baramulla on March 20 this year and asked to report in the office of assistant commissioner (development) Baramulla for further duties. (GNS)
