CAT refuses to grant relief to doctor removed from HOD post

Srinagar: Uphelding the government order to remove a doctor from the post of HOD, the Central Administrative Tribunal (CAT), Jammu has refused to grant interim relief to the doctor as the government have assigned the charge of HoD to the next senior-most faculty member to ensure a fair investigation.

The doctor in this case approached the tribunal after an Associate Professor, who is junior to the applicant, had been designated as the Head of Department, Department of Orthodontics by the government after removing him from the position following an internal enquiry based on complaints against him.

The representative for the petitioner argued that an investigation was started based on complaints filed by the staff/doctor against the Head of Department/Applicant. These complaints were forwarded to the Committee, which further examined them and decided to proceed with a full investigation. The committee recommended the removal of the applicant from the position of Head of Department.

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The applicant claims that individuals with ulterior motives have fabricated these complaints against him to oust him from the role of Head of Department.

The petitioner's representative also pointed out that according to Government Order No. 527-JK(HME) of 2023, dated 22.06.2023, the process for appointing the Head of Department in Government Medical Colleges and Government Dental Colleges of Jammu and Kashmir is as follows: i. In departments with one professor, the professor remains the Head of the Department. ii. In departments with multiple professors, the position of Head of Department rotates among the professors every two years based on seniority.

However, the advocates for the respondents stated that in departments with multiple professors, rotation of the Head of Department position is followed but in departments with only one professor, the most senior professor assumes the role of Head of Department. In the absence of a professor, the most senior individual will act as the Head of Department, whether they are an Associate Professor, Assistant Professor, or Lecturer.

In this case, the applicant is the sole professor in the department, yet an investigation has been initiated against him. On April 1, 2024, the Government sent a message to the Principal of Indira Gandhi Government Dental College, Jammu, to designate the next senior-most faculty member in the discipline of Orthodontics as Head of the Department or himself assume the charge of HoD Orthodontics, till further orders.

"In compliance with this order, the Principal has issued a communication dated 02.04.2024, by which the respondent no. 3 herein, has been designated as Head of Department, for fair enquiry that should not be influenced and no record can be tampered so the action taken by the Respondent Department by removing the applicant from the post of HoD and appointing the senior-most faculty as a new HoD is not wrong," said the court quoted in Cross Town News.

Further, the court adds "So, the balance of convenience is not in favour of the applicant. Hence, there is no infirmity in the communication dated 01.04.2024(Annexure-A1) and communication dated 02.04.2024. The respondents have followed the Principle of Natural Justice and to avoid any foul play the charge of HoD is assigned to the next senior-most faculty member till the enquiry is completed. Hence, I am not inclined to grant any interim at this stage."

The matter is scheduled for further hearing on 29.05.2024, with a notice issued to the respondents to file a reply within four weeks.

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