*AG admits deptts not cooperating with GAD
Mohinder Verma
JAMMU, Feb 10: In a major embarrassment for the State Government, the Division Bench of High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan has impleaded Administrative Secretaries of 13 key departments as party respondents with the direction to file status of pending departmental enquiries within next two weeks or appear in person on next date of hearing to explain their contemptuous attitude towards the numerous directions issued till date.
The Division Bench also observed, in the open court, that due to inordinate delay on the part of the Administrative Secretaries in completion of 147 departmental enquiries all those officers who have been accused of indulging in misconduct, mal-administration and corruption, continued to remain unpunished and even posted on prime positions.
The Public Interest Litigation (PIL) highlighting the dilly dallying approach towards completion of 147 departmental enquiries was filed on the basis of startling revelations made by EXCELSIOR in its edition dated February 24, 2014 wherein it was highlighted that accountability in the Government functioning has suffered a big blow due to inordinate delay in initiating action against officers and officials facing 147 departmental enquiries during the past several years.
It was also highlighted in this exclusive news-item that allegations against the indicted officers were of serious in nature and had they been taken to task the same would have yielded deterrent effect on the other officers and officials.
When this PIL filed by Sheikh Mohammad Shafi and Prof S K Bhalla came up for hearing today, Advocate Sheikh Shakeel Ahmed drew the attention of Division Bench headed by Chief Justice N Paul Vasanthakumar towards the order dated April 4, 2014 passed by the then Chief Justice M M Kumar wherein it was observed that the status report filed by the General Administration Department was revealing less and concealing much more.
“With these observations, the DB had directed that a complete disclosure with regard to the stage of enquiries, nature of charges, status of officers and their present postings be made so that appropriate orders are passed”, Advocate Ahmad said, adding “despite these explicit directions almost all the Government departments are soft-paddling on the completion of enquiries with the sole intention of shielding the corrupt officials”.
Stating that despite numerous directions issued by Division Bench from time to time in this PIL the departments have not mend their ways and efforts to shield the officers and officials are still on, Advocate Ahmad further said, “the latest status report filed by GAD in pursuance to the last order is a testimony of soft-paddling on the part of those at the helm of affairs in the departments”, adding “so far only five departments have responded with the fresh status report and the response from rest of the departments is still awaited as such they are adopting contemptuous approach towards the High Court”.
“The GAD has also admitted in the latest status report that even the five departments which have responded to its repeated communications have only reiterated status reports filed earlier indicating therein that no development has taken place since the filing of the earlier status reports”, Advocate Ahmed further submitted.
While pointing towards the status report, which states as per the J&K Civil Services (CCA) Rules, 1956, it is for the concerned Administrative Departments to conclude the departmental enquiries on merits of each case and the GAD has no role in concluding the pending departmental action with the concerned departments, the counsel for the PIL said, “this is merely passing the buck as GAD is a supervisory authority over all other Government departments and it can even pull up the officers of other departments especially for paying no heed to the repeated directions of the High Court”.
Advocate General Jehangir Iqbal Ganaie, who was appearing for the State, in the open court named 13 departments which are not cooperating with the General Administration Department in taking pending departmental enquiries to the logical conclusion.
It was also brought to the notice of the Division Bench through the status report that more than 10 reminders were sent to different departments for compliance to the directions of the High Court. Moreover, several meetings were convened by the GAD in this regard but till date nothing concrete has been done by the concerned departments.
After hearing counsel for the PIL and Advocate General, the Division Bench, in the open court, impleaded Administrative Secretaries of 13 departments as party respondents and issued them notices, which were accepted by Advocate General and Government Advocate Ahtsham Bhat.
These Administrative Secretaries have been directed to file the latest status of the departmental enquiries within two weeks failing which they shall have to appear in person on next date of hearing to explain their contemptuous attitude towards numerous directions of the High Court on this particular aspect of the PIL. Keeping in view importance of the PIL, the DB directed the Registry to list the same on February 23, 2016.
The departments whose Administrative Secretaries have been issued notices by the Division Bench are Public Works, Consumer Affairs and Public Distribution, Finance, Technical Education/Youth Services and Sports, PHE/ Irrigation and Flood Control, School and Higher Education, Revenue, Housing and Urban Development, Social Welfare, Agriculture Production, Planning and Development and Industries and Commerce.
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