Non-Compliance! CAT attaches GMC Principal’s Salary

The order was passed in contempt proceedings titled "Dr Syed Abid Rasheed Shah (IAS), Health and Medical Education Department vs. Dr Ashanka Bhardwaj".

The tribunal took a strict stance after observing that the Principal failed to implement its order dated October 25, 2024, despite assurances made during a virtual hearing on January 31, 2025. The tribunal noted that no compliance action had been taken, leaving it with no choice but to attach the salary of the Principal until the order is fully implemented.

The dispute arose following the Jammu & Kashmir Public Service Commission's (JKPSC) recruitment process for four Assistant Professor (Dentistry) positions in various Government Medical Colleges (GMCs), including GMC Kathua. The advertisement notice No. 35-PSC (DR-P) of 2023, issued on August 3, 2023, required separate written examinations for each college under the respective Gazetted Service recruitment rules. However, the JKPSC conducted a common written examination for all posts, deviating from the prescribed rules.

Additionally, as per Rule 44 of the J&K Public Service Commission (Business and Procedure) Rules, 2021, candidates were to be shortlisted for interviews in a 1:3 ratio. Instead, five candidates were shortlisted for each post, raising the ratio to 1:5, a deviation that the applicant, Dr Ashanka Bhardwaj, challenged before the CAT.

Tribunal’s Initial Order and Alleged Violation

In O.A. No. 980 of 2024, the CAT issued interim directions on September 4, 2024, restraining the Health and Medical Education Department from issuing appointment letters to any candidates selected through the disputed recruitment process. Despite this directive, the government issued appointment orders on October 1, 2024, for various candidates, including Dr Shahid Farooq, as Assistant Professor (Dentistry) in GMC Kathua.

Dr Bhardwaj, who was already serving as an Assistant Professor on an academic arrangement basis, was relieved from her position on October 3, 2024, following the appointment of Dr Shahid Farooq. This action was taken despite the CAT’s stay order, leading Dr Bhardwaj to file a fresh application (O.A. 1174/2024), challenging the violation of the tribunal’s previous orders.

CAT's Response to Non-Compliance

Recognizing that its September 4, 2024 order had been ignored, the CAT issued a stay order on October 25, 2024, suspending the appointment of Dr Shahid Farooq and halting Dr Bhardwaj’s removal until further hearings. However, despite multiple opportunities to rectify the issue, the authorities failed to take corrective measures.

During a virtual hearing on January 31, 2025, the Principal of GMC Kathua assured the tribunal that the October 25 order would be implemented. However, by February 16, 2025, there was still no compliance, prompting the tribunal to initiate contempt proceedings.

Tribunal's Latest Order: Salary Attachment for Non-Compliance

In its latest ruling, the CAT rejected the Miscellaneous Application (M.A. No. 128/2025) filed by the Additional Advocate General (A.A.G.), which sought an extension of time to implement the tribunal’s orders. The tribunal observed that the Principal of GMC Kathua had previously given an undertaking to comply with the order but failed to do so, leaving it with no option but to attach the Principal’s salary until the October 25, 2024, order is implemented in full.

The order states;

"In view of the conduct of Respondent No. 2 for not implementing the order of this Tribunal dated 25.10.2024, we are left with no option but to attach his salary. Accordingly, it is directed that the salary of Respondent No. 2 (Principal, Govt. Medical College, Kathua) shall remain attached till the order of the Tribunal dated 25.10.2024 is complied with."

The tribunal has also directed that a copy of this order be forwarded to the concerned Drawing and Disbursing Officer (DDO) for compliance. The case has been listed for further hearing on March 11, 2025.

To view the latest order, click on the link below: