Excelsior Correspondent
JAMMU, Feb 9: Division Bench of the State High Court comprising Justice Muzaffar Hussain Attar and Justice Tashi Rabstan today dismissed the writ petition filed by the former Deputy Chief Minister Pt Mangat Ram Sharma, who had challenged the order of J&K State Accountability Commission (SAC) dated October, 26, 2007.
The Accountability Commission had initiated regular enquiry against the then Chairman KVIB/former Deputy Chief Minister and two former Secretaries of KVIB J P Singh and R C Sharma for allegedly making appointments in contravention of the service regulations of J&K Khadi Village Industries Board.
After hearing Senior Advocate B S Salathia with Advocate Monika appearing for petitioner/former Deputy CM Mangat Ram Sharma, Advocate Sheikh Shakeel Ahmed appearing for complainant/ whistleblower Sajjad Majid and Advocate Rahul Pant appearing for State Accountability Commission, the Division Bench vacated the stay order issued on November 27, 2007 and upheld the order passed by the State Accountability Commission on October 26, 2007 thus paving way for the holding of a regular enquiry against former DyCM Mangat Ram Sharma and the then Secretaries J&K KVIB R C Sharma and J P Singh.
When this petition came up for hearing, Senior Advocate B S Salathia with Advocate Monika appearing for the former Deputy Chief Minister Mangat Ram Sharma submitted that the allegations leveled in the complaint are vague and the writ petitioner is a long standing public man and has served the State in various capacities with utmost dedication and discharged his duties in accordance with law of the land.
He further argued that initiation of regular enquiry by SAC would adversely affect the respect earned by the former Deputy Chief Minister in his long public service. He also submitted that while making the appointments the KVIB has followed the regulations and no illegality has been committed in making the appointments.
On the other hand, Advocate Sheikh Shakeel Ahmed appearing for whistleblower/complainant Sajjad Majid invited the attention of the Division Bench to the various appointment orders issued by the then Secretaries KVIB R C Sharma and J P Singh on the approval granted by the then Chairman KVIB. He submitted that no procedure was followed while making appointments in KVIB and pick and choose method was adopted thereby throwing Service Regulations of KVIB to winds to confer undue benefit to the blue eyed persons and the favorites of the then Deputy Chief Minister.
Advocate Ahmed further submitted that a novel method was adopted while making the appointments as initially the beneficiaries were appointed for three months and subsequently after giving one or two extensions the appointees were regularized in contravention of the law of the land.
Advocate Rahul Pant appearing for the State Accountability Commission submitted that the perusal of the order passed by the SAC would show that prima facie the petitioner has failed to comply with the provisions of law and complaint does disclose the allegations as defined in Section 2(3) of J&K Accountability Commission Act, 2002 for initiation of regular enquiry against him.
He further argued that the Commission before initiation of regular enquiry considered the objections filed by the petitioner and thereafter the regular enquiry was ordered.
“The regular enquiry is at its threshold stage and the initiation of the same would not in any manner whatsoever indict the petitioner and it cannot be said at this stage that he has committed any misfeasance in office. His reputation as such has not been adversely affected”, he added.
After considering the submissions advanced by both the sides, Division Bench observed, “in the peculiar facts and circumstances of the case, the question of fact, which are raised in the pleadings by the parties, would not call for returning of finding and it is for the State Accountability Commission to bring the regular enquiry to its logical conclusion in accordance with law”.
With these observations, the Division Bench dismissed the writ petition filed by the former Deputy Chief Minister and vacated the interim directions passed on November, 27, 2007 thus paving way for the holding of a regular enquiry before the State Accountability Commission against the former Deputy Chief Minister, R C Sharma and J P Singh.
Follow our WhatsApp channel