Seeks latest status of pending departmental enquiries
Excelsior Correspondent
JAMMU, Sept 11: In a significant order, Division Bench of the State High Court comprising Justice Alok Aradhe and Justice B S Walia today directed Commissioner/ Secretary, Housing and Urban Development Department to immediately shift Secretary J&K Housing Board, Ram Pal Sharma and Deputy General Manager Aftab Rashid Pandit from their present positions till the conclusion of the regular departmental enquiry against them.
The Division Bench also directed Commissioner/ Secretary Public Works Department to speed up the departmental enquiry against the four Executive Engineers namely Joginder Lal, Tarsem Lal, Bashir Ahmed Bhat and G H Khanday, who were on deputation to Housing Board from R&B Department as Deputy General Managers during the execution of the works. Even Director General Accounts and Treasuries was directed to file the status of the departmental enquiry initiated against Kulbushan Kumar, the then FA/CAO J&K Housing Board.
These directions were passed in the open court in the much publicized Public Interest Litigation (PIL) titled Sheikh Mohd Shafi and Another Vs Union of India and others wherein the petitioners are seeking prosecution of the tainted officers under J&K Prevention of Corruption Act and also directions to the General Administration Department to accord sanction for prosecution against the high-ups involved in various scams.
Earlier, when the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina submitted that pursuant to order dated July 25, 2017, Commissioner/Secretary Housing and Urban Development Department has filed the status report in to Rs 27 crore scam in J&K Housing Board.
In the status report it has been divulged that vide Govt. Order No. 142-HUDD of 2017 dated June 15, 2017, M Raju, Commissioner Jammu Municipal Corporation was appointed as Enquiry Officer to hold the regular departmental enquiry against Ram Pal Sharma, the then MD and Aftab Rashid Pandit, DGM J&K Housing Board. However, the Enquiry Officer vide his Communication No. MJ/Estt/PS/COM/47 dated July 11, 2017 has requested for extension of three months time to complete the enquiry.
The competent authority (Minister Incharge H&UDD) has conveyed approval for the completion of departmental enquiry within two months and the same was conveyed to M Raju vide Order No. 101-HUD of 2017 dated August 18, 2017.
“Commissioner/Secretary Housing and Urban Development Department is shielding the Secretary and DGM as despite serious allegations of corruption, malpractices and abuse of official position, the two delinquent officers are being allowed to continue on the prime positions in the J&K Housing Board”, Advocate Ahmed said, adding “there is no whisper in the status report regarding this despite the fact that on the last date of hearing the Division Bench had specifically directed the Administrative Secretary HUDD to indicate whether he is contemplating to shift the delinquent officers in order to ensure fair and impartial enquiry”.
Advocate Ahmed in support of his submissions referred a judgment of Apex Court titled Centre for Public Interest Litigation Vs Union of India and Another wherein the Apex Court has held, “time has come when the postings of officers holding sensitive posts should be done in transparent manner giving no scope for any grievance”.
“On the basis of this judgment, the Division Bench in this PIL vide orders dated March 4, 2013 and December 11, 2014 had directed the J&K Govt. to relieve the then Deputy Commissioner Srinagar who had been facing serious allegations of corruption in a land scam and the Division Bench had also directed the removal of the then Chairman BOSE in view of pendency of departmental enquiry against him”, Advocate Ahmed further submitted, adding “in both the cases the directions of the Division Bench were upheld by the Apex Court”.
The counsel for the PIL also invited the attention of the Division Bench towards the forwarding of draft charge sheets by the Housing and Urban Development Department to the Commissioner/Secretary PWD (R&B) with the request to serve the charge sheet upon the four Executive Engineers vide Communication No.HUD/ HB/06/ 2014-II dated November 12, 2016. “There is no head way in the departmental enquiry in the PWD (R&B) and appropriate directions are warranted for expediting the same”, he added.
“Similarly, draft charge sheet was forwarded to the Director General Accounts and Treasuries with the request to serve the charge sheet upon Kulbushan Kumar, then FA/CAO but there is no headway in this case also”, Advocate Ahmed submitted.
Pointing towards the status reports filed by Law Department and SVO indicating the status of the departmental enquiries, Advocate Ahmed submitted that directions were required to be issued to other Administrative Secretaries to file the updated status of the 147 departmental enquiries pending against various officers of the State Government.
Accordingly, DB directed Commissioner/ Secretary Home Department, Commissioner Secretary Forest Department, Commissioner Secretary Co-operatives Department, Commissioner Secretary Health and Medical Education Department, Commissioner Secretary ARI & Trainings Department, J&K Special Tribunal and Commissioner Secretary Animal / Sheep Husbandry Department to file the updated status of the pending departmental enquiries within four weeks.
Senior AAG Seema Khajooria Shekhar, Senior AAG H A Siddiqui, Senior AAG W S Nargal, AAG Ravinder Gupta, Deputy Advocate General Sudesh Magotra, Deputy Advocate General R S Jamwal, Government Advocate Sanjeev Padha and Advocate Ajaz Lone accepted the notices on behalf of the Administrative Secretaries.
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