Transfer orders issued by Directorate are legal and valid
Srinagar: The news item supra, regarding transfers in ISM department as appeared in Daily Excelsior consecutively on 21st Nov & on 22nd Nov 2017 is not based on facts and record. The assertions made in the news item are an attempt to tarnish the image of the department of ISM and lower its dignity and hnour in the estimation of general public and high ups. A few transfers made with prior approval of the Hon’ble Minister for Health & Medical Education and Principal Secretary to Government Health & Medical Education Department have been portrayed in such a manner to make it sensational on the front page so as to cause chaos and confusion among the public. This is a glaring example of slander and yellow journalism.
The assertion that 13 Assistant Directors and ADMOs have been transferred without competence is concocted and misconceived. As a matter of fact only four I/c ADMOs and equivalent who are substantively holding the post of Medical Officers namely Dr. S.K Pandita had a stay of 4 years & 6 months, Dr. Rakesh Kumar Raina had a stay of 8 years & 4 months, Dr. Syed Hyder Shah had a stay of 5 years & 10 months and Dr. Sujad Hussain Shuja had a stay of 5 years & 10 months and were transferred in the interest of administration and with the prior approval of Hon’ble Minister for Health & Medical Education and Principal Secretary to Government Health & Medical Education Department. These material facts have been suppressed which speaks of volumes about the motive behind the news item.
As per schedule I-C of Civil Services Regulation Vol II 1956 with reference to Article 339 (Item 98), a Major HoD is competent to transfer an officer the scale of pay the maximum of which does not exceed Rs. 1000/-(Pre-revised). The pay scale of post of Assistant District Medical officer (ISM) as per Civil service (pre-revised pay) Rules 1973 is 250-550 revised to 475-850 (Pre-revised). The transfer order was duly served upon the transferees who all joined at their new place of posting. It is not correct that have been made without competence is false and concocted. The said daily has published unverified contents which are far from truth. As a matter of fact no transfers beyond competence have been made by the Directorate. Thus the contents of News item are unfounded.
Newspapers are eye openers but cannot be allowed to put the whole department to ransom. Constructive criticism is welcome but malicious & false accusations amounts to slander as in the instant news item. The transfer is always as an incident of service not punishment. A Government servant holding a transferable post is liable to be transferred from one place to another which is an incidence of service and does not affect or alter his terms and conditions of service. It is a prerogative of an employer to judge where the services of an employee are required. A Government employee is required to serve in any part of the state as per rule-27 of Classification, Control and Appeal rules. However, it is unfortunate that the most of the employees are adamant to seek posting of their choice and want to continue at one place for entire service, ignoring the demand of administration, public interest and their poor performance. The public/administration interest is of paramount importance while effecting transfers.
So far as information sought by Administrative Department is concerned, it is to state that the information sought some information regarding transfers under reference which has been replied on 22-11-2017.
The allegation of vengeance against the higher authorities in the news item are denied being false and baseless. Similarly it has been alleged that Director ISM has managed additional charge, this is highly objectionable and deplorable. The phrase “manage” against government order is a most serious allegation against Government order which is an attempt to bring the whole system under disrepute.
It is worth mentioning here that the said daily is habitual of publishing contents received from the reporters without verification which are of defamatory nature news item. Earlier also a defamatory news item was published in the said daily which constrained the undersigned to file criminal defamation in which arrest warrants were issued against said editor by the Hon’ble Court. Thus the reporter of the instant newspaper has nurturing personal grouse against me and is spreading venom against ISM.
As regards allegation of tarnishing of Dr. Syed Hyder Shah, it is placed on record that DC Baramulla had placed him under suspension and has observed that Dr. Shah has failed to deliver services to the people and has viewed his performance as dismal coupled with poor style of working having jeopardized the working of ISM in District Baramulla vide DC Baramulla’s letter No. DDCB/PS/1843-48 dated 07-07-2017. However, the reporter of the news item has tried to attribute to the ISM department which is far from truth. The allegation of harassment levelled against Director is a bunch of lies. Dr. Pandita has a stay at same post of more than 41/2 and his retirement is likely in the fag end year 2019, therefore the allegation on this count is also unfounded.
The malicious campaign was started by vested interests and disgruntled people against the department and the allegation of removal of Director on the basis of complaints is not correct as a matter of fact there was not any personal complaint but the inquiry was against the procedure followed in procurement by the procurement committee. Nothing was found adverse against the Director or the procedure adopted. These material facts have been concealed to defame system as a whole. The contents of the news item are slanderous and defamatory. Even the matter came before the Hon’ble High Court for its adjudication and the order was stayed. After thorough inquiry the additional charge was assigned to Secretary Technical, Health & Medical Education Department which cannot be said to be managed as wrongly and illegally portrayed in the news item.
The news reporter has ignored that the matter of transfer of above named four doctors is subjudice and it would have been proper and prudent for reporter of the news not to comment on the subjudice case and he should have proceeded with circumspection. The Department has filed objections in the writ petition and application for vacation of interim order has been filed before the Hon’ble court.
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