HC refuses to stay termination of KU scientist dismissed under Article 311

Mohsin Qadiri, Senior AAG, appeared for the government and opposed the grant of interim relief
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Srinagar, Dec 9: The High Court of J&K and Ladakh has declined to stay the government order by which services of a Scientist-D in Post-Graduate Department of Computer Science, University of Kashmir were terminated under Article 311.

The Scientist, Muheet Ahmad Butt, was sacked by the orders of Lieutenant Governor on August 13 this year.

 “…the interim relief seeking staying of the impugned termination order by the petitioner (Scientist-D) …which in essence would have colour and texture of grant of final relief, cannot be granted at this stage in favour of the petitioner,” a bench of Justice Javed Iqbal Wani said.

 “Even otherwise, having regard to the facts and circumstances of the case, notwithstanding the failure of the petitioner to have pleaded the existence of a very strong prima facie case in his favour or else that the petitioner would suffer and irreparable loss and injury in the event interim relief is not granted, the case of the petitioner is not found to be a rare exceptional one warranting grant of an interim relief by way of staying the operation of the dismissal order at this stage.”

The Court , however, “in order to maintain scales of balance evenly”, directed the concerned authorities not to undertake any process for filling up on a regular basis the post of Scientist-D, i.e. the post Muheet was holding prior to the issuance of his termination order.

In his plea, Muheet contends that he was appointed in the KU as Scientist-B/Information Officer with effect from 13 March 2004, and, thereafter on 8 October 2012 he came to be appointed as Scientist–D in the department of Computer Sciences after having served the varsity as a Contractual Lecturer from June 2000 to May 2002 as also from January 2004 as Trainee Engineer having been deputed for undergoing training at Bangalore. He said he has had an immaculate service career and that he was not involved in any activity prejudicial to the interest of the state.

Mohsin Qadiri, senior AAG, appearing for the government however, contested the submissions made by the Muheet’s counsel and opposed the grant of interim relief at this stage. The same, he said, would amount to granting final relief to the scientist.

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