JAMMU, JULY 31 (KDC): The Central Administrative Tribunal (CAT) Jammu on Thursday directed the immediate removal of Dr. Mushtaq Ahmad Rather, who is presently holding the charge of Director, Family Welfare, MCH & Immunization, J&K, terming his continuation as “unjustifiable” and in violation of the Tribunal’s earlier directives.
The Tribunal passed the order while hearing Contempt Petition C.P./252/2025 arising from O.A./73/2025, filed by Dr. Poonam Sethi against Commissioner Secretary health and Medical education department Dr. Syed Abid Rasheed Shah, with Mr. Sunil Sethi appearing for the applicant and Mr. Sudesh Magotra, learned Additional Advocate General, representing the respondents.
In its earlier order dated March 26, 2025, the Tribunal had quashed the appointment order dated December 23, 2024, under which Dr. Mushtaq Ahmad Rather was given the charge of Director, Family Welfare, despite not being eligible under the rules. The Tribunal had categorically directed that the charge be assigned to the senior-most eligible officer from the Jammu and Kashmir Health and Family Welfare (Gazetted) Service, and also instructed the authorities to consider the case of Dr. Poonam Sethi in that process, reported Srinagar based news agency Kashmir Dot Com.
However, the Tribunal noted on Thursday that despite the lapse of over four months, the government had neither implemented the directions nor approached the High Court for a stay. The Tribunal observed that Dr. Rather continues to occupy the post without requisite eligibility, which the court found untenable.
“This Court is of the opinion that it is unjustifiable for an ineligible person to continue holding the post in question till date,” the Tribunal stated, directing the government to take charge from Dr. Mushtaq Ahmad Rather with immediate effect. It further ordered that if Dr. Poonam Sethi is found to be fully eligible and the senior-most candidate, she shall be appointed to the post before the next date of hearing.
The matter has faced four adjournments already, and the Tribunal’s strong remarks and explicit directions signal a stern stance against the flouting of service rules and judicial orders in administrative appointments.
