DB reprimands State for furnishing incomplete status report on deadwood in administration

Mohinder Verma
JAMMU, Dec 10: In the much-publicized Public Interest Litigation (PIL) on nailing of corrupt officers and strengthening of anti-graft and pro-transparency commissions in Jammu and Kashmir, Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today reprimanded the State for furnishing incomplete status report on deadwood in the administration despite explicit directions. The DB also took serious note of the inordinate delay in sanctioning of posts for the State Vigilance Commission and filling up of vacancies in the State Accountability Commission and State Information Commission.
In order to ensure that the corruption and corrupt officers are dealt with sternly, the Division Bench has now directed the State to file supplementary status report indicating in clear terms the work done by a committee constituted in the month of May 2011 to consider the cases of officers/officials for premature retirement of deadwood in terms of Article 226(2) and 226(3) of the J&K Civil Services Regulations within four weeks.
In another significant direction, the DB has asked the State to sanction posts for the State Vigilance Commission and produce the copy of the sanction order on next date of hearing and fill up vacancies in the State Accountability Commission and State Information Commission on need basis and keeping in view the workload of these constitutional bodies that too within four weeks.
When the PIL came up for hearing, Senior Additional Advocate General, Gagan Basotra submitted that status reports vis-à-vis deadwood in administration and staff/infrastructure provided to the Vigilance Commission, Accountability Commission and Information Commission have been filed in compliance to the earlier directions. He said that 76 officers/officials have already been prematurely retired from Government service.
In addition, four cases were also referred to the committee constituted in May 2011 for consideration. However, the committee after examining these cases returned the same with the advice to process these cases in accordance with the guidelines/instructions issued
vide order No. GAD(Vig)19-Adm/2010 dated October 25, 2010, Mr Basotra said.
However, Advocate Sheikh Shakeel Ahmed appearing for the PIL, pointed out that 76 officers/officials were prematurely retired before the constitution of the committee for identifying the deadwood. “The status report is silent about the work done by this particular committee headed by Chief Secretary and comprising senior IAS officers”, Advocate Ahmed said.
On this, Chief Justice, in the open court, asked, “Mr Basotra where the file in gathering dust. What work has been done by the committee”, adding “though we don’t have any wing like Vigilance Organization but we have our own monitoring mechanism”.
While reprimanding the State for furnishing incomplete status report on deadwood in administration, the Division Bench directed State to file supplementary status report mentioning in explicit term the work done by the committee and its recommendations, if any, within four weeks.
About the strengthening of anti-graft and pro-transparency commissions, Advocate Sheikh Shakeel, while referring to the status report, said that as against creation of 82 posts demanded by the State Vigilance Commission on April 12, 2013 only 22 posts have been filled that too as an interim arrangement till date. “Moreover, the Planning and Development Department, whose concurrence was sought to bear the establishment expenditure of the proposed creation of the staff on Plan Budget for initial period of five years from the date of filling up of these posts, has categorically stated that it would be extremely difficult for the department to bear the entire establishment expenditure of the proposed creations”, he added.
“Now, the matter is pending with the Finance Department since November 13, 2013 on the ground that financial implication for proposed creation was worked out to be Rs 523 lakh per annum”, he further said, adding “similarly, adequate manpower has not been provided to the State Information Commission and State Accountability Commission”.
On this, Division Bench directed the State to create posts for the State Vigilance Commission as demanded by the latter within a period of four weeks and place the creation order before the Court on next date of hearing. As far as Information Commission and Accountability Commission are concerned for which the posts have already been sanctioned, the DB directed the State to fill up the vacancies on need basis and keeping in view the workload that too within a period of four weeks.
On the request of counsel for the petitioner, DB directed Registrar Judicial of the Srinagar wing of the High Court to submit status report of writ petition titled Ghulam Nabi Ganai and Others Versus State (wherein High Court vide order dated July 16, 2008 restrained Vigilance from producing charge-sheet); writ petition titled Zaffar Hussain Patigaroo Versus State (wherein High Court vide order dated October 6, 2012 has directed not to present charge sheet till further orders) and petition SWP No.1946/2013 (wherein the High Court vide order dated October 10, 2013 directed not to present final report in the case till further orders), by next date of hearing.
These writ petitions were filed challenging FIR No.18/2005 PS VOK (infamous rural electrification scam) wherein prosecution sanction has been issued in respect of in-service public servants vide Government Order No.36-GAD(Vig) of 2012 dated October 5, 2012.
Advocate Ahmed also drew the attention of the Division Bench towards the case of one Aijaz Ahmed Bhat, ex-MD State Forest Corporation, who is co-accused with Abdul Gani Hazam (IFS), whose sanction was given by Ministry of Environment, Government of India in May 2013 and in view of superannuation of Aijaz Ahmed Bhat the status report of the Vigilance said that no prosecution sanction was required in respect of Mr Bhat.
He sought appropriate directions to the State Vigilance Organization for apprising the Division Bench of the latest status about the filing of challan in the competent court of the law.
Upon this, Division Bench directed Senior AAG Gagan Basotra to file status report with regard to the filing of challan in the said case.

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