Kupwara, August 4, KNT: The Deputy Commissioner, Kupwara, has rescinded a relieving order issued by the Tehsildar, Handwara, against a Naib Tehsildar within 24 hours of its issuance, triggering debate over the exercise of administrative authority and adherence to prescribed disciplinary procedures.
The relieving order, issued by the Tehsildar on August 3, directed the immediate relieving of the Naib Tehsildar while attributing allegations of “gross misconduct”, “chronic negligence”, “insubordination” and “unprofessional behaviour” to the officer.
However, the order, on its face, did not indicate whether any departmental inquiry had been conducted or whether a charge-sheet, show-cause notice or an opportunity of hearing had been provided before recording the adverse findings. It also did not refer to any approval from the competent disciplinary authority.
Today, the Deputy Commissioner, Kupwara, revoked the relieving order with immediate effect, rendering the Tehsildar’s directive inoperative.
The development has brought into focus the extent of a Tehsildar’s authority under the service rules governing revenue officers. The action has raised questions over whether a Tehsildar can unilaterally record findings of misconduct against a Naib Tehsildar and relieve the officer from charge without following the disciplinary procedure prescribed under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules.
The Deputy Commissioner’s intervention has placed the procedural validity and legal sustainability of the Tehsildar’s action under scrutiny. [KNT]
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