Jammu & Kashmir High Court
Mohd. Riyaz vs Ut Of J&K & Ors on 22 May, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Supplementary List-I
Serial No. 87
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1492/2026
CM No. 3314/2026
Mohd. Riyaz
.....Petitioner
Through: Mr. Abdul Rehman, Advocate vice.
Mr. F. S. Butt, Advocate.
Vs
UT of J&K & Ors.
.....Respondents
Through: Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Assisting Counsel.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(22.05.2026)
01. The petitioner is a contractually engaged Block Accounts
Manager (BAM) under National Rural Health Mission (NRHM) and is
presently posted at Community Health Centre (CHC), Bishnah.
02. The petitioner is under the administrative control of the
Block Medical Officer (BMO), Bishnah who, by virtue of an order
No. BMO/B/HDF/26/264-66 dated 18.05.2026, has directed the
petitioner to handover the complete charge of Hospital Development
Fund of Sub-Divisional Hospital (SDH) Bishnah to one Mr. Ashok
Fonsa, Senior Assistant, SDH, Bishnah with immediate effect. The
petitioner is aggrieved of this direction.
03. The petitioner cannot outgrow from his position and, as
such, is supposed to carry out the command of his immediate
2 WP(C) No. 1492/2026
CM No. 3314/2026
superior administrative authority which is the Block Medical Officer
(BMO), Bishnah.
04. The petitioner is alleging mala fide in law in the passing
of the impugned order.
05. This Court is not inclined to grant indulgence in the writ
petition, but for the purpose of getting confirmation from Mr. Raman
Sharma, learned AAG, to apprise this Court as to in which capacity
the Block Medical Officer (BMO), Bishnah has addressed a copy of
the order to the MLA, Bishnah Constituency by purportedly
referring to him as Chairman RKS Committee when the copy of the
order in reference has not been forwarded to the Director, Health
Services or Director, National Rural Health Mission (NRHM), but to
MLA, Bishnah Constituency which apparently seems to be a
contradiction.
06. Let the situation on this aspect be apprised to this Court
on the next date hearing.
07. List on 20.07.2026.
(RAHUL BHARTI)
JUDGE
JAMMU
22.05.2026
Bunty
Bunty Kumar
2026.05.26 11:23
I attest to the accuracy and
integrity of this document
