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news details
HC snubs DC Kishtwar, stays transfer order of Patwari
9/29/2018 10:38:44 PM
Asif Iqbal Naik

Early Times Report

Kishtwar, Sept 29: In a snub to Deputy Commissioner Kishtwar, the J&K Court on Saturday stayed the transfer order of Patwar Halqa Kishtwar.
The transfer order was believed to be a glaring example of political interference in working of district administration in Kishtwar, wherein the Deputy Commissioner modified the transfer order related to Patwar Halqa Kishtwar after Additional Deputy Commissioner Kishtwar issued the said transfer order, without seeking the approval of DC. As per the details available with Early Times, the aggrieved senior Patwari, Molvi Javed Iqbal, approached the court through his counsel Advocate Faheem Shokat Butt. The petitioner stated that the orders impugned bearing No. ACDK/N/018/412-19 Dated 25-09-2018 and Order No. DCK/N/018/254-262 dated 26-09-2018 issued by DC Kishtwar Angreez Singh Rana and ADC Kishtwar Pawan Kumar Parihar, he was illegally and arbitrarily transferred from Patwar Halqa Kishtwar to Patwari tehsil office Nagsini and private respondent who is holding substantive post of Patwar Halqa Matta has been given additional charge of Patwar Halqa Kishtwar.
The petitioner argued that orders impugned have not been passed in the interest of administration but to accommodate private respondent and that these orders have been issued during imposition of model code of conduct.
The counsel of the petitioner further stated that the transfer order of petitioner is also violation of transfer policy as he (petitioner) is yet to be complete his tenure of two years.
After going through the arguments presented by Advocate Faheem Shokat Butt, Justice Sindhu Sharma stayed the order No. ACDK/N/018/412-19 Dated 25-09-2018 at first instance itself and issued the notice to the respondent returnable within two weeks.
"The petitioner assails the said order of transfer on the grounds that vide notification No. 2119/CEO/ME/E-Noti/2018/9148-73 dated 20-09-2018, the Chief Electoral Officer, Jammu and Kashmir has initiated the process of holding of election in Municipal bodies in the state of J&K and has also announced the dates of the elections as per the said notification. As such the model code of conduct has come into force in the state and petitioner's transfer dated 25-09-2018 is violation of model code of conduct and no prior approval has been sought by the Chief Electoral Officer while transferring the petitioner," reads the court order while staying the transfer order of the petitioner. It is pertinent to mention that due to implementation of model code of conduct, ADC Kishtwar vide Order No. ADCK/N/018/412-19 Dated 25-09-2018 issued the transfer order of two Patwaris by swapping their place of postings as Patwar Halqa Kishtwar is said to be the local hailing from Ward No. 9 of Municipal Committee Kishtwar.
As per the said order Molvi Javed Iqbal, Patwar Halqa Kishtwar has been transferred as Office Patwari Tehsil Office Nagsini while Fida Hussain Giri who is under transfer as Office Patwari Nagsini has been appointed as Patwar Halqa Kishtwar. But soon the order was made public next day, there was a political storm over the posting of Fida Hussain Giri as Patwar Halqa Kishtwar without taking local BJP leadership on board, forcing the Deputy Commissioner Kishtwar to modify the order of ADC Kishtwar with regard to posting of Fida Hussain Giri as Patwar Halqa Kishtwar and at the same time Patwar Halqa Matta Satish Kumar has been ordered to hold the additional charge of Patwar Halqa Kishtwar till further orders.
As soon as the orders started making rounds in social media, the social and political activist started criticizing the Deputy Commissioner Kishtwar for transferring a Patwari merely on the grounds that he hails from MC Kishtwar which is schedule to be going to poll on 10-10-2018 added that even Returning Officers and Assistant Returning Officers are locals, but they were neither replaced nor transferred.
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