Mohinder Verma
JAMMU, Oct 30: Widening the scope of the much publicized Public Interest Litigation (PIL) seeking nailing of the tainted and corrupt officers, Division Bench of the High Court comprising Justice Hasnain Massodi and Justice Tashi Rabstan today issued notice to the Chief Secretary and Secretary, General Administration Department for submitting reply to the fresh application of the petitioners whereby directions have been sought to the respondents for producing the entire record relating to the ‘deadwoods’ in various departments of the State Government.
During the course of arguments in the PIL titled Sheikh Mohd Shafi and Another, Advocate Sheikh Shakeel Ahmed appearing for the petitioners drew the attention of the Division Bench towards the fresh Civil Miscellaneous Application (CMA) and stated that the State Government in the month of May 2011 constituted a high level committee to consider the cases of officers/officials for premature retirement in terms of Article 226(2) and 226(3) of J&K Civil Services Regulations.
The committee headed by the then Chief Secretary and comprising of Principal Secretary Home and Commissioner/Secretary General Administration Department was constituted to take action against the deadwoods to be identified by the concerned departments discreetly, the counsel for the petitioners said. “Till date the officials respondents particularly the Chief Secretary and the Secretary, General Administration Department have not made public the recommendations of the committee which had been assigned a vital task to identify and take action against deadwoods in various departments”, he added.
However, Senior Additional Advocate General, Gagan Basotra vociferously opposed the CMA on the ground that main PIL has almost been taken to the logical conclusion and entertaining the fresh CMA would amount to stretching the petition.
On this, counsel for the petitioners said, “the respondents cannot keep the recommendations of the committee close to their chest and people of the State have a right to know about the work done and also the names of the employees who were identified for being proceeded under Article 226(2) and Article 226(3) of J&K CSR”.
Stating that issue raised in the instant application was of wide public importance, Advocate Sheikh Shakeel said, “the cancer of corruption has spread alarmingly because of accountability deficit and it is only because of the indulgence shown by the Court in the instant PIL that the State Government was compelled to grant sanctions against high-ups involved in the corruption cases”.
“Moreover, the State Government cannot be allowed to remain a mute spectator to the recommendations of the committee”, the CMA said.
After hearing both the sides, Division Bench widened the scope of the instant PIL and issued notices to the Chief Secretary and Secretary, General Administration Department, which were accepted by Senior Additional Advocate General. The DB, in the open court, directed the respondents to file the stand as per the pleas raised in the CMA on or before 9th of December.
Earlier, Senior AAG submitted latest status report of the Director of Vigilance in compliance to the order dated September 4, 2013. In this report, it has been mentioned that matter regarding vacation of stay with regard to IFS officer Farooq Ahmad Geelani and sanction for prosecution against him has been taken up with concerned Senior Additional Advocate General through Prosecuting Officer attached with High Court.
However, sanction has been accorded against Abdul Gani Hajan by the Ministry of Environment and Forests, Government of India while as accused Aijaz Ahmad Bhat has already superannuated from the services as such no sanction was required. “The order of sanction has been forwarded to SP concerned for filing of challan before the court”, the report said.
Similarly, Assistant Solicitor General of India (ASGI), K K Pangotra also submitted latest status report of the Union Ministry of Environment and Forests. From this status report, it emerged that no prosecution sanction was required from the Union Ministry in case of Aijaz Ahmad Bhat as he was not an IFS officer but belonging to State Forest Service (SFS).
On this, DB directed the Senior AAG to file the status report with regard to Aijaz Ahmed Bhat.
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