Severe
strictures against 3 officers including R D
Tiwari
Kundal Panel indicts 2 PDP
Ministers, Cong legislator
Former NC Minister had denied Marazi’s
prosecution sanction
MLA, family members made excess payment of Rs 28
lakh by SFC
Bhat made MD SFC superseding 17 officers by a
Minister
Frequent transfers of DMs,GMs smack of
favouritism
By Sanjeev Pargal
JAMMU,
Jan 19: Kundal Committee report, which
inquired into the mess in Forest and allied
Departments has clearly named three Ministers,
two of the present coalition Government and one
from previous National Conference Government
besides a number of officers of the Department
for large scale irregularities during past few
years.
Two Ministers of
present Government against whom accusing fingers
have been pointed out by the Committee (which was
headed by the then Financial Commissioner, Home,
B R Kundal, Presently posted as Chief Secretary
of the State) without taking their names,
belonged to PDP, a main coalition partner of
Congress led Government. However, dates of
irregularities showed that they were present and
previous Forest Ministers, Qazi Mohd Afzal and
Tariq Hamid Qarra. One of the case pertained to
October 2002, the last month of previous National
Conference Government’s tenure. Name of
Congress associate member and MLA Doda, Abdul
Majid Wani, a former Minister, also figured in
the report. He, along with his two family
members, were made Rs 26.98 lakh excess payment
by SFC.
Besides the three
Ministers, a number of Forest Department officers
including R D Tiwari, Aijaz Ahmed Bhat and G H
Marazi have been castigated by the Committee for
gross irregularities. The Committee has
recommended that scams, mentioned by it, be got
investigated by State Vigilance Organisation
(SVO) and Crime Branch. The panel has called for
debarring Mr Tiwari from holding positions which
have financial involvements and which are
independent in nature. It recommended that Aijaz
Bhat and Marazi be removed from the services.
It may be
mentioned here that Opposition National
Conference for past few days had repeatedly been
demonstrating in Legislative Assembly demanding
tabling of Kundal Committee report to bring facts
before them and the people. According to sources
in Legislature, Qazi Afzal has himself written to
Secretaries of both Assembly and Council that he
wants to table the report in both Houses along
with Action Taken Report (ATR). He had shot off
the letter the very next day when Chief Minister
Ghulam Nabi Azad had promised to table copy of
the report on floor of the House. However, he has
not been asked to do so, hitherto.
Referring to most
controversial issue of timber import, the
Committee said the then Forest Minister on
23.12.2005 (name of the Minister not taken but
present Finance Minister Tariq Hamid Qarra was
the Forest Minister then) had constituted a three
members committee for identifying species of
timber to be imported. Controversial Forest
officer, Aijaz Ahmed Bhat (who has been charged
with holding duel citizenship of India and
America and working on four different names) was
a member of the committee though he was posted as
Conservator of Forests (Central) then.
"It shows
that Mr Bhat, working as CF Central Circle was
already associated with the issue of import of
timber before being posted as MD SFC. He was one
of the functionaries to recommend import of
timber, although with approval of the Minister
Incharge (Mr Qarra)", the report said.
The MD SFC had
proposed the import of 3 lakh Cft of timber from
foreign countries. Justification given for import
of timber was to reduce pressure on forests and
provide quality timber to consumers at reasonable
rates through fair price depots. Again, the
report pointed out, the MD SFC’s proposal
was approved by SFC Chairman (who happens to be
the Forest Minister, Mr Qarra) vide U O No.
427/Ps/m/HUD/F dated 26.7.2006. Global tenders
for import of timber were floated on 19.8.2006.
While three bids were received, the tender quoted
by M/s Royal Trading Corporation was found valid.
The SFC Board of
Directors on April 6, 2007 (when Qazi Afzal had
taken over as Forest Minister) had too agreed to
the proposal of timber import but with the
approval of Cabinet. However, it was Finance
Department, which raised serious objections over
timber import observing that Aijaz Ahmed Bhat had
remained associated with the issue of import of
timber right from the beginning besides G H
Marazi. "The firm named M/s Royal Trading
Corporation, which was recommended by management
of SFC for import of timber, is said to be
patronised by Marazi himself. Ownership and
operations conducted by the Corporation need to
be looked into in detail by IGP Crime and
Railways. All efforts were made by them to import
timber. May be the idea was to help
somebody", the Finance Department was quoted
as having written by the report.
The Kundal
Committee has called for referring the case to
Vigilance Organisation for a probe.
In a serious
charge, Kundal Committee has noted that one of
the major management problems in Forest
Department observed during last two years is that
DMs and GMs have been transferred very frequently
and the average tenure in most of the cases is
less than six months. Such frequent transfers are
not only violative of Cabinet directions but also
smack of favouritism, it said.
Another serious
case pointed out by the Committee pertained to
transfer of supply of timber to bonafide
consumers in ‘C’ zone from Forest
Department to State Forest Corporation (SFC). The
issue of transfer was, in fact, initiated in a
meeting chaired by the then Forest Minister
(again Mr Qarra) in last week of November 2005 in
a meeting of senior Forest officers and MD SFC.
However, no reasons for transfer of ‘C’
zone from Forest Department to SFC are available
in records.
Charges against
the then SFC MD Aijaz Ahmed Bhat and G H Marazi,
the then Regional Manager, Fair Price Circle
(where in it has been alleged that timber was
supplied to non bonafide users) required a probe
by the SVO, the report said.
It added that
during 2007-08, tenders for extraction and
transportation of timber were boycotted by
contractors for non-revision of rates, which
allowed the SFC to allot works on Amani basis,
thus, favouring their own persons with motives.
The demand was under consideration of SFC
chairman (who happened to be Forest Minister,
Qazi Mohd Afzal) but till now, the norms/rates
have not been revised. Cause of delay is required
to be gone into, it said.
"In August
2007, the response to tenders was obtained from
contractors for compartments of Kishtwar and West
Circle only but rates quoted were above the
norms/rated and not further action has been taken
as yet by MD SFC. This will affect supply of
timber in the coming year (2008-09) adversely.
This indicates that during current year, till
now, no works for extraction have been allotted
through tenders in Jammu province though some
allotments have been made on Amani basis.
In yet another
direct serious allegation against Forest Minister
Qazi Mohd Afzal, Kundal Committee observed that
there has been gross mismanagement in the SFC
which led to scarcity of timber especially in the
towns located in ‘C’ zone. Although the
process of import of timber had already been
initiated, the scarcity created by mismanagement
appeared to have been exploited by the then MD
SFC Aijaz Ahmed Bhat and General Manager G H
Marazi to push their agenda of import of timber
and allotment of extraction of timber on Amani
basis with ulterior motives.
"It is seen
that SFC Chairman (Minister Incharge Forests) has
all along remained associated in such
decisions", the report said and recommended
probe in the case by the Vigilance Organisation.
In yet another
charge against Qazi Mohd Afzal, Kundal Committee
said four out of seven mates allotted a timber
extraction contract without inviting tenders in
Baramulla, the Minister approved allotment of
contracts to four such persons who were not even
registered with SFC and were said to be family
members of a black-listed contractor namely Mohd
Yousuf Wani son of Mohd Ramzan Wani R/o Shopian.
"This
shows the favouritism shown to the blacklisted
contractor by including his family members who
were not even registered with SFC. The Forest
Minister/Chairman SFC has approved the
allotments", the report said. It named
unregistered contractors allotted the work as
Naseer Ahmad Wani, Mohd Syed Wani, Bilal Ahmad
Wani, all residents of Shopian and Suhail Ahmad
Wani of Rajbagh, Srinagar.
Work in
Compartment 22/Rafiabad was allotted to Mohd Amin
Dar of Sheer Jagir, Sopore with the approval of
Forest Minister subject to his registration as
contractor. However, Dar was yet not registered
with SFC. Allotment of works in Compartment Nos
66, 67, 68 and 69, Ramban were also allotted on
Amani basis also by MD SFC with approval of the
Minister.
Another case
recommended for Vigilance Organisation by Kundal
Committee pertained to allotment of works at
52/Dudu . In this case also, the name of Forest
Minister figured as his approval had been taken
by the MD SFC.
Another serious
charge against the Forest Minister pertained to
allotment of works to proxy workers/relatives of
big contractors by the Department with prior
approval of Minister Incharge. Allotment of works
on Amani basis was made without following proper
procedure laid by the Board of Directors of SFC.
"The quota
for Amani allotment has also been exceeded. The
works which were to be allotted to petty mates
were actually allotted to proxy workers/relatives
of big contractors although with prior approval
of Minister Incharge", Kundal Committee said
recommending investigations in the case by Crime
Branch.
The report
pointed out that Abdul Majid Wani, his father
Ghulam Ahmed Wani and brother-in-law Javed Iqbal
Wani were made an excess payment of Rs 26.98 lakh
for the works allotted to them by SFC for
extraction and transportation of timber in Siraj
and Kuntwara range of Doda between 2001-04 (a
period during which Abdul Majid Wani was elected
as MLA from Doda and was also made a Minister of
State.
Inquiry into
excess payment made by the SFC to Congress MLA
and his family members has been referred to the
SVO.
Another contractor
Shafkat Hussain was paid an excess amount of Rs
15.32 lakh by the SFC for works done in
Compartment Nos. 40, 41, 42 and 46/Neeru,
Bhadarwah. Shafkat was allotted another work in
Bhadarwah at the rate of Rs 49.50 per Cft but the
contractor out of extracted stock of 1.08 lakh
Cft delivered only .80 lakh Cft at the sales
destination, leading to shortage of .28 lakh Cft.
This case too has been referred to the SVO.
The report pointed
out that SFC chairman (Qazi Afzal) had on
23.4.2007 asked MD SFC to treat the minutes of
59th Board of Directors meeting held on 6.4.2007
as draft minutes with a direction to all
Directors to sign the draft minutes. However, it
stated, no other Board member except for the SFC
chairman signed the minutes or submitted their
comments. Despite this, many aspects of the
minutes were implemented by MD SFC especially
regarding allotment of works and promotion of
officers.
A specific issue
of promotions in the BoD meeting pertained to
regularisation of promotion of various categories
of officers in SFC. But the SFC MD issued the
order after obtaining approval of Chairman SFC
(the Forest Minister).
Kundal Committee
observed that minutes of the meeting corrected by
SFC chairman in consultation with
Commissioner/Secretary Forests got changed by MD
SFC to ratify wrong action of affecting
promotions of senior level officers after
bypassing the laid down procedure and rules.
Neither the case was sent to Establishment
Committee nor to the Government/Administrative
Secretary. The bypassing of procedures and rules
clearly indicated malafide intentions.
"All such
promotions bear the approval of the Chairman SFC
(Forest Minister)", the report pointed out
and recommended investigations in the case by
Commissioner/Secretary Forests or Vigilance
Organisation.
Referring to cases
against G H Marazi, the report said he was booked
by the Vigilance Organisation way back in 2001
under various provisions of Anti-Corruption Act.
However, the then SFC Chairman (Forest Minister
of previous NC Government) didn’t give
sanction of his prosecution as the then
Commissioner/Secretary Forests submitted that the
case didn’t qualify for accord of sanction
for prosecution.
"Records
revealed that while denying prosecution sanction,
no legal/expert opinion from Law/General
Administration Departments was sought. This
indicated the reach of G H Marazi right upto high
quarters", the report said.
Kundal Committee
report has also passed severe strictures against
R D Tiwari, Director, State Forest Research
Institute (SFRI) for appointing consultants
during 2005-06 and 2006-07 during his posting as
Project Chief, Integrated Watershed Development
Project (IWDP) for drafting a Project Concept
Note, which was submitted to Government of India
and World Bank. He didn’t adopt appropriate
procedure and flouted requirements of financial
code. Though it was required to appoint
Consultants, he of his own exceeded all
prescribed norms and violated financial procedure
in awarding contracts for consultancy services.
Rs 40 lakh were
spent on Consultants during 2006-07 without
adequate justification. "Project chief was
not authorised by the Government to enter into
the agreement of this kind under rules and this
contact should have been awarded, it at all
necessary, with the concurrence of Administrative
Department and the State Finance Department,
which was not done. This involves serious
financial irregularity", the report said.
"Initially,
the agreement for consultancy was finalised at Rs
1.75 lakh per consultant but the price was
subsequently revised to Rs 3 lakh, thereby,
raising total cost of four Consultants to Rs 12
lakh (plus service tax and travel expenses).
There is nothing on record to justify this
revision or supplementary agreement or order. It
appeared that Mr Tiwari took verbal
decision", the report noted.
While Mr Tiwari
was having correspondence with World Bank, a
Consultant, Neeraj Sharma had already been
engaged and was working on an unsigned agreement.
He was paid Rs 11.55 lakh in 2005-06 and Rs 8.40
lakh during 2006-07 for the services.
The report
highlighted 16 major irregularities committed by
Mr Tiwari. "Since irregularities committed
are of serious nature and involved huge financial
expenditure/mismanagement, the case required to
be referred to SVO for a thorough probe. The
officer need to deposit the amount spent
unauthorisedly and debarred from holding
positions which have financial involvements and
independent in nature.
Regarding Aijaz
Ahmad Bhat, former MD SFC, presently under
suspension, the Committee has revealed that he
held four names, Ajaz Ahmed, Ajaz Ahmed Bhat,
Ajaz Ahmed Shah and Ajaz Shah and mentioned six
addresses, two each at Srinagar, Delhi and United
States in various correspondences. The addresses
at Delhi and USA have turned out to be fake. He
had dual citizenship, Indian and American, which
is not permissible. He used to travel on two
passports, Indian and American. During 28 years
service career (upto August 2005), he remained on
leave for 9 years and 11 months. He drew Rs 13.40
lakh salary from January 1993 to August 2007 but
made 23 trips abroad. Expenditure on his tickets
looks to be higher than the income, the report
said.
Ajaz Ahmed Bhat
managed his posting as MD SFC in July 2006 after
superseding 17 officers senior to him. Cabinet
note submitted for his promotion didn’t give
any clear picture. (Mr Qarra was Forest Minister
in July 2006). "Being US citizen, he managed
his posting in higher echelons of State
administration by concealing the facts with
criminal intent", the report said. It even
questioned MBA degree of the officer saying his
photograph on the degree looked superimposed. It
recommended that the degree, which was on the
name of Ajaz Shah, be got verified from Forensic
Science Laboratory and relevant University in US.
It charged Mr
Tiwari with deploying IWDP vehicles with persons
other than IWDP officer causing a loss of Rs 14
lakh to State exchequer on account of petrol
which required to be made good from the officer
concerned. The matter is required to be taken up
with IGP Crime and Railways. it said.
"It is
recommended that such persons should not be
allowed in the Government service particularly as
an All India Service officer and criminal cases
should be initiated against him. His absence
during nineties (turmoil period in Kashmir) is
significant which calls for thorough checking
especially when he is using different addresses
and names", the report said.
The Panel
recommended that an Independent Appraisal Agency
i.e. University of Jammu/Kashmir may be entrusted
the assignment to undertake and evaluation of the
completed project by physically verifying works
on ground to arrive at an impartial and objective
assessment of impact of programmes of IWDP
Phase-II
Regarding G H
Marazi, General Manager, Research and
Development, presently under suspension, Kundal
panel charged him with manipulations to obtain
denial of prosecution sanctions which speaks
volumes about his criminal contents. Denial of
sanction for prosecution and subsequent
promotions have been done with the approval of
Forest Minister, it said.
On Pollution
Control Board, the report said four units were
ordered to be closed by PCB chairman on 7.12.2007
but their resumption orders were issued within a
period one week, which required to be closely
looked into.
"How was the
improvement notice within a short span of 7 days
puts a strong suspicion of favouritism with
ulterior motives. This required a thorough probe
by referring the case to IG Crime and Railways.
Kundal Committee
asked Commissioner/Secretary Forests to look into
a complaint against Mr Tiwari that he tried to
get closer to the seat of power in Forest
Department and then managed choice postings for
himself and his favourites.
Kundal panel said
some other complaints required more time and,
therefore, they have been referred to
Commissioner/Secretary, Forests for taking
further action as is deemed fit.
Did
Marazi join service at age of 15?
Did G H Marazi,
General Manager, Research and Development, SFC,
presently under suspension, joined services at
the age of 15.
Yes, if the
records made available to Kundal Committee report
is correct.
In his report, the
Committee has pointed out that service book of
Marazi showed his date of birth as August 7, 1950
as per his school leaving certificate of higher
secondary issued by Principal, SPM Higher
Secondary School, Srinagar.
However, the date
of entry into his service as Depot Officer has
been recorded as July 24, 1965, which indicated
that the officer, at the time of joining of
service, had not even completed 15 years of age
though the minimum age required for joining
Government services is 18.
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