Officers’ panel to examine record of all Municipal Committees
Officials involved in committing illegalities go scot free
Mohinder Verma
JAMMU, Oct 17: In a major step, the Governor’s Administration has cancelled illegal appointments made by the then Director Urban Local Bodies Jammu and Executive Officer Municipal Committee Vijaypur six years back. Moreover, an Empowered Committee has been constituted to examine record vis-a-vis engagement of Casual Labourers and Workers in all the Municipal Councils and Committees across the State.
However, no action has been taken against the officials involved in committing the illegalities although even after retirement they can be taken to task especially in the light of the report of the State Vigilance Organization in the case.
Official sources told EXCELSIOR that in the year 2010 several persons were engaged as casual and need based workers by the then Director Urban Local Bodies Jammu and Executive Officer, Municipal Committee Vijaypur on different dates. They were designated as Assistant Tax Collector, Junior Assistant and Khilafwarzi Assistants.
In less than a year the then Director Urban Local Bodies, who is presently associated with a State level political party, regularized these casual and need based workers without any authority to do so and without any Government policy in this regard.
Thereafter, on account of a vigilance inquiry in the matter of illegal appointments as per FIR No.08/2014, the salary of these illegally regularized persons was stopped. However, the illegally appointees challenged the decision in the court, which vide order dated March 7, 2016 directed release of salary pending enquiry/investigation.
However, this order was not challenged by the concerned authorities before the higher court for two and half years for unknown reasons. This was notwithstanding the fact that there are many Supreme Court judgments to the effect that the orders issued by an authority without following due process of recruitment are void abinitio and without force of law, sources said.
Recently, the Housing and Urban Development Department placed the matter before the Governor and Advisor concerned for their instructions on the issue and finally the decision was taken for cancellation of illegal appointments/regularization.
Now, the Financial Commissioner Housing and Urban Development Department K B Agarwal vide Government Order No.HUD/LSG/ULBJ&K/03/2018 has ordered that regularization orders dated July 27, 2011, July 3, 2012, July 1, 2012 and August 22, 2012 respectively issued by the then Director Urban Local Bodies Jammu and Executive Officer Municipal Committee Vijaypur are void abinitio as such services of the illegally regularized officials are terminated with immediate effect.
However, the order is silent about the action required to be taken against the officials who had committed these illegalities and caused loss to the State exchequer. “There are sufficient provisions under law whereby action can be taken against the officials even after their retirement from the Government services”, sources said.
“The action against these officials was imperative especially when the State Vigilance Organization had established illegal appointments/regularization”, they further said.
Meanwhile, Housing and Urban Development Department has constituted an Empowered Committee to examine the cases of Casual Labourers and Workers engaged in different Municipal Councils and Committees of Jammu and Kashmir for regularization in terms of SRO-520 dated December 21, 2017 or other provisions applicable to these employees and to extend the benefit of Government Order No.258-HUD of 2014 dated August 30, 2014.
The Empowered Committee is comprised of Director Finance in the Housing and Urban Development Department, Additional Secretary to Government, Housing and Urban Development Department, Deputy Director ULB Jammu/Kashmir, Under Secretary to Government, Housing and Urban Development Department and Chief Accounts Officer ULB Jammu/Kashmir.
The Empowered Committee has been asked to submit its recommendations within one month.
“During this exercise, illegal appointments and regularizations in other Municipal Councils and Committees will also come to the fore”, sources said.
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