S. No. 131
Suppl. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1927/2024
CM No. 5194/2024
Mohammad Iqbal Khan Appellant/Petitioner(s)
…
Through: Mr. Nisar Ahmad Bhat, Advocate
Vs.
UT of J&K and Ors. ...Respondent(s)
Through: Mr. Syed Musaib, Dy. AG
CORAM:
MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
HON’BLE
O R D E R
31.08.2024
1. Syed Musaib, Dy. AG, passes on a copy of objections in open Court
and the same is taken on record.
2. Petitioner is aggrieved of Show Cause Notice No.PA/MS/LDH/2309-12
dated 25.07.2024, which reads as under:-
- Show Cause Notice.
“Sub:
Memo,
1. Whereas, permission was granted in your favor to keep
available/sell clothes & other baby items in the canteen premises
by the Resident Medical Officer dated 05.11.2005 as the inpatients
were facing difficulties in procuring the requisite items during odd
hours.
2. Whereas, it was the need of the hour as the said items were not
available in the vicinity of the hospital due to which
patients/attendants faced difficulties.
3. Whereas, at present these facilities are very much available all
around the hospital as such this hospital does not require your
services any more.
4. Whereas, you did not have formal orders/appropriate authorization
from the competent authority and your have illegally occupied the
space under the stairs.
5. Whereas, you were asked several times to vacate the same but you
did not bother any you have continued to operate unlawfully to sell
these items inside the hospital.
6. Whereas, during the recent visit of Administrative Secretary,
H&ME, JK and Principal/Dean Govt. Medical College Srinagar, to
this Hospital, they also directed to vacate you from this hospital.
Consequent upon the above, your are hereby given final warning to
vacate from this hospital within 07 (Seven) days positively, failing to
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WP(C) No. 1927/2024
CM No. 5194/2024
response within the stipulated time frame the matter will be taken up with
the higher authorities for further course of appropriate action.
3. Learned counsel for the petitioner submits that petitioner has been
asked to vacate from hospital within 07 (Seven) days’ without giving
him an opportunity of being heard. He further submits that he restricts
his prayer to the extent that the respondents before vacating the
petitioner from the hospital premises shall hear him and thereafter pass
appropriate orders.
4. Mr. Syed Musaib, Dy. AG, submits that respondents have given notice
to petitioner to vacate from the hospital, which is a Show Cause Notice.
However, the petitioner instead of responding to the Show Cause
Notice has filed instant writ petition. He further submits that in case
petitioner responds to the Show Cause Notice, the respondents will
consider his response and thereafter pass final order.
5. Viewed in the above context, it will be futile to keep this writ petition
pending on board and the same is, accordingly, disposed of with a
direction to petitioner to respond to the show cause notice within one
week and the respondents shall consider his response and pass final
orders within one week thereafter. Till then petitioner shall not be
vacated.
6. Disposed of along with connected CM(s).
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
31.08.2024
Manzoor
2
Manzoor Ul Hassan Dar
I attest to the accuracy and WP(C) No. 1927/2024
authenticity of this document
Srinagar
CM No. 5194/2024
05.09.2024 17:09