Favouritism Ruling the Roost? CAT Stays Contentious Transfer Order Amid Legal Storm in J&K Health Department
Was Dr. Shikha Sharma’s Premature Transfer Strategically Orchestrated? Why Was Prior Approval from the Lieutenant Governor Ignored?
Did the Directorate Flout Rules to Favour a Select Few? Is the Health Minister Unaware or Silently Endorsing the Chaos?
JJ Toseef R Ganai
Poonch, Apr 17: In a development that has ignited widespread concern across the Union Territory, a controversial transfer order issued by the Directorate of Health Services, Jammu Order No. 51 of 2025 dated 05-02-2025, has come under intense scrutiny, following a legal challenge and subsequent stay granted by the Central Administrative Tribunal (CAT).
At the centre of the dispute are two Consultant Gynaecologists, Dr. Shehnaz Bhatti and Dr. Shikha Sharma, whose abrupt transfers have raised serious questions about procedural propriety and administrative integrity. The CAT intervened after Dr. Shikha Sharma sought judicial redress, citing a slew of legal and procedural violations in the transfer order.
Legal experts have noted that the impugned order appears to blatantly violate Rule 27 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Furthermore, it contravenes Government Order No. 861-GAD of 2010, which reserves the authority to effect transfers with the Minister Incharge or the Administrative Secretary. In this instance, the order was issued by an official lacking the requisite legal sanction, rendering the move ultra vires and procedurally flawed.
The controversy is further exacerbated by a clear breach of Government Order No. 948-JK(GAD) of 2020, dated 15.10.2020, which mandates that any transfer outside the stipulated annual calendar (April each year) must receive prior approval from the Lieutenant Governor. However, the impugned order not only lacked such sanction, but audaciously sought post-facto approval, raising serious questions about administrative propriety.
“The fact that Respondent No. 2 sought confirmation only after issuing the order indicates that the transfer lacked legal sanctity at inception,” remarked a legal analyst. “The subsequent relieving order dated 06.02.2025, therefore, stands as arbitrary, unconstitutional, and void ab initio.”
Insiders within the Health Department allege that these transfers were not driven by exigencies of service but were orchestrated through personal lobbying and internal favouritism. Dr. Shehnaz Bhatti transfer back to Raja Sukhdev Singh District Hospital Poonch, despite the completion of her tenure there, has particularly raised eyebrows. Many see this as a classic case of backdoor re-posting facilitated by influential interests.
Speculation is rife that strategic manoeuvring is underway at District Hospital Poonch, with vested interests pushing for a reshuffle that favours a select few. The premature transfer of Dr. Shikha Sharma has only deepened suspicions of a carefully curated administrative realignment intended to benefit specific individuals.
The Health Minister’s role or possible lack of awarenesshas also come under the scanner. Is the Minister complicit in this administrative irregularity, or has the Directorate acted unilaterally under a veil of impunity?
Voices from within the department paint a grim picture. “This isn’t just bureaucratic inefficiency it’s institutional collusion,” said a senior official on condition of anonymity. “When government orders are wilfully flouted, it signals more than just negligence, it reveals a deeper nexus of power and manipulation.”
The issuance of an unlawful transfer order, its hasty execution, and the subsequent legal intervention has cast a long shadow over the functioning of the Directorate of Health Services, Jammu. Medical professionals, civil society, and legal circles alike are demanding accountability and a transparent probe into what appears to be an organised breach of public service ethics.
As the dust begins to settle, the episode stands as a stark reminder of the challenges confronting governance in Jammu and Kashmir. The stay by CAT may have paused the immediate impact of the order, but the larger battle against administrative overreach and personal lobbying within public institutions is far from over.
The onus now lies squarely on the government to restore credibility, enforce accountability, and assure the public that rule of law not personal influence remains the cornerstone of administrative action in the Union Territory.
