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DB stays Dr Showkat's demotion, directs Writ Court to decide all petitions 5/12/2015 11:19:38 PM Early Times Report Jammu, May 12: In a LPA filed by filed by Dr Showkat Choudhary challenging his demotion, a Division Bench (DB) of State High Court comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal ordered that this Division Bench is of the opinion that the respondents in terms of the writ court order dated 28/04/2015 are required not to act upon and implement the government order No. 139-HME of 2015 dated 22/04/2015 (whereby Dr Shoket Choudhary was demoted) till the matter comes up before the writ court and is modified, altered or extended. DB observed that as order called in question in LPA is a threshold order and learned writ court has exercised discretion in favour of the appellant and passed the interim order in his favour though according to appellant liable to be misinterpreted, we find it appropriate to take up the appeal for final disposal at the outset. Division Bench further observed that appellant is currently holding the position of Assistant Professor in Own Pay and Grade (OPG) in Medical Gastroenterology, Super Specialty Hospital, Jammu and seeking quashment of Government Order No.139-HME of 2015 dated 22.04.2015 inter alia on the ground that the order has been passed at his back without affording him opportunity to put forth his stand. In the event, order impugned in the aforesaid writ court was allowed to be implemented, number of issues would arise triggering further litigation between the parties and even the colleagues affected by the order, court observed. Division Bench after hearing both the sides observed that we are only concerned with import of writ court order questioned in the Letters Patent Appeal in the background of the grounds urged in the appeal including the ground that the impugned order may be taken to be one declining ad interim relief to the petitioner. With these observations Division Bench ordered that the respondents in terms of the writ court order dtd 28/04/2015are required not to act upon and implement the government order No. 139-HME of 2015 dated 22.04.2015 till the matter comes up before the writ court and is modified, altered or extended. Division Bench also requested Writ Court to make an effort to dispose of all the petitions preferably within a period of four weeks thereafter so that the question of inter seniority between appellant and respondent no 3 gets settled once for all and the parties.   Share This News with Your Friends on Social Network     Comment on this Story

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