Central Administrative Tribunal - Srinagar
Dr Ashaq Hussain Qureshi vs Health And Medical Education ... on 1 April, 2026
[1] O.A. No. 246 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 246 OF 2026
(Srinagar, 01st day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Dr. Ashaq Hussain Qureshi, Aged 50 years, S/o Peer Abdul
Aziz Qureshi, R/o H. No. 4-A Wandhama Ganderbal Kashmir,
Pin Code 191201. Cell no. 9797782913
............. Applicant.
By Advocate:- Ms. Shabeena Nazir along with Ms. Huda Parvez
Khan.
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, Phone=
Versus
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7
b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b
756eb, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.01 16:36:05+05'30'
Foxit PDF Reader Version: 2025.2.0
1. Union Territory of Jammu and Kashmir, Through its
Commissioner/ Secretary, Health and Medical Education
Department Civil Secretariat, Srinagar, Pincode:190001
2. Under Secretary to Govt. Health and Medical Education
Department Civil Secretariat, Srinagar, Pincode:190001
3. Principal, Government Dental College, Srinagar, Kashmir,
Pincode: 190010
........... Respondents.
By Advocate:- Mr. Syed Musaib, DAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A, the applicant seeks for the following reliefs:
a. To quash the impugned orders bearing Govt. Order no. [2] O.A. No. 246 of 2026 179- JK (HME) of 2026 dated: 24-03- 2026 read with communication bearing no. HDGaz0Gen/574/2025-02 (E- 7674575) dated: 24- 03-2026 passed by respondent no. 1 and 2.
b. Any other order/ direction which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may also be passed in favor of applicant in the interest of justice.
2. What emerges from the pleadings made in the O.A. is that the applicant was appointed as a Dental Surgeon in the Health and Medical Education Department in the year 2009 wherein the applicant was posted in far-flung areas. In the year 2015, vide Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b Government Order No. 21-HME of 2015 dated 22.01.2015, in the 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 interest of administration, the applicant along with other doctors was transferred with immediate effect and his services were placed at the disposal of the Principal, Government Dental College, Srinagar, on inter-cadre deputation basis, for a period of two years. The said order has been appended with the O.A. and marked as Annexure III Page 25.
3. It is stated that the applicant has been continuing from the year January 2015 in the Dental College, Srinagar, as a Dental Surgeon without any interruption. The applicant is aggrieved of an order bearing Government Order No. 179-JK HME of 2026 dated [3] O.A. No. 246 of 2026 24.03.2026 by virtue of which the applicant, who was on deputation to the Government Dental College, Srinagar, is recalled with immediate effect and has been directed to report to the Directorate of Health Services, Kashmir. The said order is assailed by the applicant on the grounds as have been mentioned in the O.A.
4. Learned Senior Counsel for the applicant, Ms. Shabeena Nazir, submits that the order impugned is an outcome of a complaint which she substantiates by a communication addressed Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= by the Under Secretary to the Government, to the Principal, e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 Government Dental College, Srinagar, dated 24.03.2026, and submits that the order impugned is mala fide and has not been issued for the professed purpose, particularly when the services of the applicant are required in the Government Dental College, Srinagar, to which reference has been made to a communication dated 06.02.2026 addressed by the Principal, Government Dental College, Srinagar, to the Secretary to the Government, Health and Medical Education Department, Civil Secretariat, Srinagar/Jammu, whereby a request has been made to retain the applicant in the Dental College as the Doctor possesses the experience of purchase [4] O.A. No. 246 of 2026 and is trained from JKMSCL.
5. Learned Senior Counsel while buttressing her arguments submits that it is not understandable as to what public interest was sought to be achieved by passing the order impugned, that too by singling out the applicant while all others who are on deputation are continuing in the Dental College Srinagar, particularly when the services of the applicant are required in the Government Dental College in terms of the recommendations. She further submits that the applicant was not on deputation, as in Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= terms of the basic order dated 22.01.2015, the applicant has been e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 transferred and not deputed, coupled with the fact that the applicant has been allowed to continue for all these ten (10) years, as according to her, if the applicant was on deputation, he would have had to be repatriated back to his parent department in terms of the rules governing deputations.
6. Admittedly, Courts have a very limited power to interfere in the matters of transfer and it is always for the competent authority to post an employee in the public and administrative interest and once an employee has accepted public employment, he has no right to be posted at a place of his choice. To this [5] O.A. No. 246 of 2026 effect, I am fortified by a catena of judgments:
1. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
2. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
3. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;
4. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
5. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
6. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574;
7. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
8. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
9. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
10. Rajendra Singh and others vs. State of Uttar Pradesh and ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 others, (2009) 15 SCC 178;
11. State of Haryana and others vs. Kashmir Singh and another, b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 (2010) 13 SCC 306;
12. Anita Sharma vs. State of J&K 2019 Legal Eagle 489
13. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
14. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
15. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
16. Union of India and others vs. Janardhan Debanath and another, (2004) 4 SCC 245;
17. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
18. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;
19. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299;
20. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
21. Mohammad Yaqub v. State of J&K 1984 SLJ 167
22. Syed Hilal Ahmad & Ors. v. State 2015 (3) JKJ 398
23. National Hydroelectric Power Corporation v. Shri Bhagwan 2008 (8) SCC 574
24. Union of India v. Gh. Mohd. Sheikh 1998 SLJ JK 175
7. Learned Senior Counsel, Ms. Shabeena Nazir along with Ms. Huda Parvez, Advocate, has drawn the attention of the Court to [6] O.A. No. 246 of 2026 the complaint which is Annexure V Page 29 of the O.A. Perusal of the complaint reveals that the complaint has been filed by one Dr. Irfaul Haq, President, Dental Surgeons Association, Health Department, J&K. She submits that even if the order impugned had to be issued in the exigency, the same could not have been based on a complaint. Though the order impugned does not reveal that the order is an outcome of a complaint, nor does the order state that the repatriation is in the interest of administration or in the public interest.
Digitally signed by ABHISHEK PUNIAABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone=
8. Admittedly, the competent authority is within its powers e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 to either depute or to repatriate an official but deputation always involves a tripartite concurrence i.e. employee, the borrower, and the lending department.
9. Learned Senior Counsel further submits that the complaint is neither dated nor any enquiry has been conducted on the basis of the complaint which necessitated the respondents to have issued the order impugned, particularly singling out the applicant when all others are continuing who are already on deputation, coupled with the fact that the services of the applicant are required in the Government Dental College, Srinagar, admittedly, [7] O.A. No. 246 of 2026 in the interest of patient care.
10. Mr. Syed Musaib, learned DAG, appearing for the respondents, while rebutting the arguments of learned Senior Counsel submits that the impugned order has been passed as a routine order whereby the applicant, who ordinarily is in the cadre of the Directorate of Health Services, has been recalled and ordered to join his parent cadre and there is no illegality attached to the order.
11. Prima facie, on the material available, what appears is that Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= the order is an outcome of a complaint filed against the applicant, e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 and before passing the order impugned, what was incumbent upon the authority was to have initiated an enquiry ascertaining the veracity of the complaint, and thereafter, in the facts and circumstances could have passed the order impugned, particularly when a recommendation was already with the competent authority dated 06.02.2026.
12. Learned Senior Counsel further, while arguing, submits that the order impugned smacks of arbitrariness and is punitive in nature which necessitated an enquiry in accordance with law. She very fairly concedes that the applicant does not have a right to be [8] O.A. No. 246 of 2026 posted at a particular place but submits that at least the applicant ought to have been given an opportunity of being heard, especially when a complaint is filed, and the applicant had every right to rebut the complaint as the same would tell upon his further service proceedings.
13. Heard learned counsel for the parties at length and perused the material on record.
14. At the request of learned Senior Counsel, the instant O.A. is taken up for its disposal.
Digitally signed by ABHISHEK PUNIAABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone=
15. The O.A. is disposed of by providing that the respondents e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 shall initiate an enquiry into the complaint which has named the applicant and shall ascertain the truthfulness and veracity of the complaint, and the applicant be provided with an opportunity of being heard. The respondents, after hearing the applicant and ascertaining the veracity of the complaint, shall pass necessary orders in accordance with law and the process shall be completed within a period of three weeks. Further, for three weeks, the present position of the applicant shall not be disturbed. It is made clear that this Court has not expressed any opinion on the future posting of the applicant which shall be strictly in accordance with [9] O.A. No. 246 of 2026 the public and administrative interests, and outcome of the enquiry. Mr. Syed Musaib, learned DAG, to convey the order to the competent authority.
16. Accordingly, O.A. No. 246/2026 is disposed of along with all connected M.A.s, if any.
17. No order as to costs.
(M.S. Latif)
Member (Judl.)
Digitally signed by ABHISHEK PUNIA
ABHISHEK Abhishek Punia
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.01 16:36:05+05'30' Foxit PDF Reader Version: 2025.2.0 Court Master 01.04.2026