CAT scraps ADC’s punitive order against driver

Srinagar, Dec 20: The Central Administrative Tribunal (CAT) Srinagar has held that “Principles of natural justice are not mantras but fundamental percepts concerned with fairness of procedure and the right of a person to respond to the allegations”.

“Even God didn’t punish Adam unless he was given an opportunity of being heard,” a division bench of M S Latif Member (J) and Prasant Kumar Member (A) said, while citing a Supreme Court Judgment laying emphasis on “natural justice”.

“Justice is not only law and its administration, but is, in most cases above law and is done to safeguard an individual from whatever he or she seeks protection,” the Court observed.

The bench made these observations while setting aside an order dated 06-10- 2017 issued by Additional Deputy Commissioner,( ADC) Ganderbal wherein the officer had directed the Chief Medical Officer, Ganderbal to forfeit annual increment of a driver, Ghulam Muhammad Khatana for the year 2018 and accordingly make an entry into his service book.

The case of Khatana was that he was substantially holding the post of driver to which he was appointed in 1998 by the Service Selection Board. Subsequently, he was posted in Sub-District Hospital, Kangan by the Chief Medical Officer, Srinagar. Khatana averred that on a frivolous complaint, he was placed under suspension by virtue of an order dated 23-08-2017.