*IGP, Addl Secy appear in person, retract from earlier replies
Mohinder Verma
JAMMU, Dec 28: State Accountability Commission (SAC) today granted time to the Chief Secretary and Commissioner/ Secretary, General Administration Depa-rtment (GAD) for explaining the reasons behind inaction on the findings of State Vigilance Organization, which has established involvement of senior IAS officer in the much-publicized Roshni land scam. On the other hand, Inspector General of Police, State Vigilance Organization and Additional Secretary in the GAD appeared in person before the Commission and tendered apology for challenging the jurisdiction of SAC in their earlier replies in this particular case.
Reliable sources told EXCELSIOR that Advocate Adarsh Sharma appeared before the Full Commission comprising Justice B A Khan (Chairperson) and Justice J P Singh and Justice B A Kirmani (Members) on behalf of Chief Secretary and Commissioner/ Secretary, Ge-neral Administration Department and prayed for grant of time to these officers for filing reply to the notices of State Accountability Commission.
In the earlier notices, the Accountability Commission had directed the Chief Secretary and Commissioner/ Secretary GAD to explain the reasons behind inaction against senior IAS officer Hirdesh Kumar Singh, the then District Collector Jammu and presently Commissioner/ Secretary, Housing and Urban Development Department, who was held guilty by the State Vigilance Organization in the Roshni land scam.
As per the observations of the Accountability Commission, the General Administration Department on the receipt of findings of the SVO in the Roshni land scam was required to refer all the material to the Department of Personnel and Trainings (DoPT), Government of India under Section 6 of J&K Prevention of Corruption Act for obtaining prosecution sanction.
However, the GAD chose to overrule the findings of SVO on the ground that there was no criminal intent on the part of Hirdesh Kumar Singh to defraud the State exchequer. The stance of the Chief Secretary and Commissioner/Secretary GAD was viewed very seriously by the Accountability Commission and accordingly they were issued notices last month for explaining reasons behind inordinate delay in action against the indicted officer.
“It was for the DoPT to decide whether to accord prosecution sanction or to decline the same after analyzing the findings of the State Vigilance Organization against the IAS officer and GAD had the only role to forward the documents to the DoPT but it exercised the powers which are not available to it”, sources said.
“Now, the Full Commission has granted time till February 15, 2017 to these officers for filing their replies and future course of action would be decided on this date”, sources said.
Meanwhile, IGP State Vigilance Organization and an Additional Secretary of General Administration Depa-rtment appeared in person before the Full Commission and tendered oral apology for challenging the jurisdiction of SAC in this particular case in their earlier replies.
According to the sources, these officers submitted before the Commission that they had filed earlier replies inadvertently and the same should be treated as cancelled. They also pleaded for grant of more time for filing fresh replies, which was acceded to by the Full Commission. “The stance of questioning the powers of SAC was totally unjustified and contrary to the judgment of the Division Bench of J&K High Court whereby suo-moto powers were restored to the SAC”, sources further said.
“Now, Chief Secretary, Commissioner/Secretary General Administration Department and IGP Vigilance Organization will file fresh replies by next date of hearing before the Full Commission”, sources said while disclosing that apology of IGP Vigilance Organization and Additional Secretary GAD was also taken on record by the Full Commission.
It is pertinent to mention here that in the Roshni land scam, the State Vigilance Organization has indicted nine persons including IAS officer Hirdesh Kumar Singh in the case FIR No.15/2014 and in the status report filed before the Division Bench of State High Court in response to the directions issued in a Public Interest Litigation (PIL) it has already been submitted that case against IAS officer was proved by the investigating agency.
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