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| HC orders Robkar proceedings against PDD CE | | Draftsman's attachment at Dy. CM's behest | |
Early Times Report
Jammu, Nov 15: Over the attachment of a draftsman allegedly at the behest of Deputy Chief Minister, high court judge Janak Raj Kotwal has set aside the order and directed Registrar Judicial to draw contempt proceedings (Robkar) against the PDD chief engineer.
He ordered the registrar judicial to draw Robkar proceedings against PDD CE and issued notice to him to show cause as to why he be not proceeded against for his act of Contempt of Court.
"In this case, it is noticed with displeasure that the official respondents in their reply have concealed the real picture and projected a false story.
The reply has been filed by and authenticated by the sworn affidavit of PDD CE Ashwani Gupta, who is the author of the impugned order. By concealing the true picture and pleading untrue facts, he, besides attempting to mislead this court, has undermined the majesty of law as also the attribute of the high position held by him. His act makes out a prima facie case of contempt of court and invites and necessitates action against him," the court observed.
The court directive came in a petition filed by Jamit Ram Parihar, a PDD head draftsman, seeking quashing of the CE's order No CEJ/Adm./366 of December 30, 2015 whereby he was attached to the direction office, Jammu from STD-I, Jammu, and Balbir Singh Jamwal, who was awaiting adjustment, was posted against him in STD-I.
The court observed that since the attachment of the petitioner was ordered only with the purpose of adjusting the private respondent against the post held by him at the behest of the deputy CM, supports the petitioner's allegation that his attachment was actuated by mala fides and ulterior motive.
"A government servant has a right to question his transfer when it is the outcome of mala fides or ulterior motive and a case for showing indulgence by the court is made out, notwithstanding that transfer is an incident of service and no government servant has a right to remain posted at a particular place for a particular time," the court observed. (JNF) |
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