Says he was victimized; challenges Govt order
An official who was declared “deadwood” by the state government has challenged the order in High Court alleging that he was victimized for being ‘whistleblower’ in the education department.
Court accepted the petition and issued the notice to State through Chief Secretary, Commissioner Secretary Finance, Commissioner Secretary GAD, member of constituted committee under Article 226 of CSR and Commissioner Secretary Home.
The court asked the state to respond to the petitioners submissions within two weeks.
Mushtaq Ahmad Baba, Chief Accounts Officer in Education department has complained before the court that Abid Rashid, Joint Director School Education was offered departmental vehicle but he refused saying that the vehicles are flood hit and instead he engaged a private vehicle for his personal use.
The complainant said he opposed the action of the Joint Director as it was against the norms. “But subsequently Director School Education approved the said action and he was allowed to use a private vehicle.”
The petitioner alleged that the Joint Director did not follow financial rules for purchase of furniture and hence did not accept to release the payment which infuriated the official. He further alleged that the officer is close to Minister for Education and hence he shot a letter to government alleging that the petitioner is creating hurdles in the office.
Baba submitted before the court that he has excellent service record and performance which was appreciated not only by higher officers of the parent department of the petitioner, but also by the officers of other departments where the petitioner worked from time to time.
He said during his tenure in various departments, his conduct was excellent and his APRs were also written as excellent. “His APR in Education department has not been written yet as he was transferred to the department in 2014 and worked there till date,” he submitted.
Praying for revocation of the government order, the petitioner said the order is bad in law and the result has been passed in violation of the settled principles of law laid down by the courts.
He said there is no adverse material available in the department against the petitioner and his last promotion has been ordered by the government on the basis of his excellent service record and his performance in 2013.
Baba further said in his 37 years of service career at his back has purchased 4 marlas of land till date and has not accumulated any kind of property.
He submitted there is no public interest in removing the petitioner from service and no record shows that the petitioner is deadwood and therefore the Article 226 of CSR has also been violated and it has not been followed in strict sense.
