Srinagar, Sept 12: In a latest development, the Central Administrative Tribunal (CAT) in Srinagar has intervened in a matter involving the reassignment of two government employees in a government department of Jammu & Kashmir.
The case, filed by Javed Ahmad Dar and Nasir Ahmad Lone, both Horticulture Technicians from Baramulla, challenged theirĀ reassignment from their original postings. The reassignments were initially ordered following allegations of violating government conduct rules through their interactions with the media.
The Tribunal’s intervention came after the concerned Department failed to produce essential communications relating to the reassignments, which were alleged to be in violation of the Election Commission’s Model Code of Conduct due to the proximity to upcoming Assembly elections.
Judicial Scrutiny and Proceedings
During the proceedings, the CAT emphasized the necessity of adhering to due process and the rules of natural justice, highlighting that the reassignments appeared punitive without proper justification or procedural fairness. The Tribunal in its order, a copy of which has been shared with Ziraat Times, noted that such actions during the enforcement of the Model Code of Conduct require careful scrutiny to ensure they are not influencing the electoral process unduly.
Outcome of the Tribunal Ruling
The Tribunal directed the withdrawal of the reassignment orders and highlighted the need for the concerned Department to re-evaluate its actions against the employees, ensuring compliance with both the Model Code of Conduct and standard governmental procedures for employee discipline.
“This ruling highlights the Tribunal’s role in ensuring that governmental actions are conducted fairly and within the legal frameworks, especially during sensitive periods such as elections. The concerned Department has been ordered to comply with the ruling promptly, ensuring no undue influence over the electoral process or unjust treatment of its employees”, Advocate Arshid Bashir, a prominent lawyer of Kashmir told Ziraat Times.
