MIFFED OVER DEFIANCE: Unjustifiable for an ineligible person to continue as Director, Family Welfare: CAT
Jammu, Jul 31: The Central Administrative Tribunal (CAT) in Jammu Thursday expressed dismay over defiance of its 4-month order, observing that it was “unjustifiable” for an “ineligible person” to continue holding the post of Director, Family Welfare.
Hearing a contempt plea by Dr Poonam Sethi, bench comprising Rajinder Singh Dogra, Member (J) and Ram Mohan Johra Member(A) said vide order dated 26.03.2025 passed by the tribunal, Dr Mushtaq Ahmad Rather, Director, Coordination, New GMCs, Srinagar, who was given the charge of Director, Family Welfare, was directed to appoint some eligible person who is senior most in the services.
The CAT while quashing and setting aside an order dated 23 January 2024, had directed the authorities to assign the charge of the post of Director Family Welfare, MCH & Immunization J&K to the senior most and eligible member of the Jammu and Kashmir Health and Family Welfare (Gazetted) Service and strictly accordance with the rule and law governing the field.
“Respondents (authorities) are further directed to consider the case of the applicant (Dr Poonam) also while assigning the charge of Director Family Welfare, MCH & Immunization J&K on in-charge basis strictly in accordance with law,” the bench said.
While the tribunal noted that it has now been four months since the order was passed, it said the contemnors have neither approached the High Court for a stay nor complied with the said order.
“This Court is, therefore, of the opinion that it is unjustifiable for an ineligible person to continue holding the post in question till date,”
The tribunal said and accordingly directed the authorities to take charge from the “ineligible person with immediate effect”.
“Thereafter, if the petitioner (Dr Poonam) is found to be fully eligible and the senior-most candidate, he shall be appointed to the post before the next date of hearing,” bench said and posted it for further consideration on August 14.
