DB expresses displeasure over non-filing of ATR by H&UDD Secy

Excelsior Correspondent

JAMMU, Feb 22: In the much publicized Rs 27 crore scam in J&K Housing Board, Division Bench of the High Court comprising Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey has expressed displeasure over non-filing of the Action Taken Report (ATR) by the Commissioner Secretary, Housing and Urban Development Department.
Vide order dated December 15, 2017, the DB had directed the Senior AAG S S Nanda representing Housing and Urban Development Department to file the Action Taken Report with regard to the enquiry completed in respect of Ram Paul Sharma, the then Managing Director Housing Board and Aftab Rashid Pandit, the then Deputy General Manager in Rs 27 crore scam in J&K Housing Board.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Suraj Singh appearing for petitioners Division Bench granted last and final opportunity of two weeks to S S Nanda, Senior AAG appearing for Housing and Urban Development Department to file ATRs/status reports in terms of previous order dated December 15, 2017 governing all the delinquent officers/officials including Ram Paul Sharma, the then MD, J&K Housing Board, Aftab Rashid Pandit, the then DGM, J&K Housing Board, four Executive Engineers (who were on deputation to J&K Housing Board) namely Joginder Lal, Tarsem Lal, Bashir Ahmed Bhat, G.H. Khanday and Kulbushan Kumar.
Government Advocate Ahtsham Hussain Bhat caused appearance on behalf of Commissioner Secretary Finance and undertook to file updated report indicating the present status of enquiry against Kulbushan Kumar, the then Financial Advisor & Chief Accounts Officer, J&K Housing Board.
In the larger public interest, the DB also issued directions to the Advocate General to take up the matter with the appropriate quarters in the State Government so that there is only one State Counsel for conducting a PIL.
“In a PIL there are number of respondents and these respondents are being represented by different state counsels and it becomes difficult to reconcile and the matters also get delayed”, the DB said. The DB also gave the illustration of the instant PIL titled Sheikh Mohd Shafi and Anr V/s/ Union of India and Ors where there are 27 respondents including 20 Administrative Secretaries and they are being represented by different law officers of the State.
The Division Bench also directed the Advocate General that a Nodal Officer should also be appointed by the State Government who should keep liaison between the concerned departments and the State Counsel for effective monitoring of a PIL.
With these observations and directions, Division Bench directed the Registry to re-notify the instant PIL for March 12, 2018.

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