*Convincing reply on major land scam of J&K awaited
Mohinder Verma
JAMMU, July 6: In a major set-back to the Government departments, which are usually infuriated over the revelations of the Supreme Audit Institution, the Principal Accountant General of J&K has made it clear that they are not bound to seek any permission from the Government for referring the cases of corruption, embezzlement and loss of public property to the investigating agencies.
This has been explicitly conveyed to the Committee on Public Accounts of the State Legislature by the Principal Accountant General of J&K, a representative of Comptroller and Auditor General (CAG) of India in the State.
The Committee on Public Accounts while dealing with Audit Para of CAG’s Report for the year 2012-13 with regard to irregularities in implementation of Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001, took serious note of the referral of PAG’s findings to the State Vigilance Organization (SVO) without finalizing the audit observations with the Revenue Department.
The House Panel while seeking clarification from the PAG raised three points—whether they (PAG) are competent to challenge the authority of the House to enact or amend law(s); whether they are competent to challenge the authority of the Government to frame or amend the Rules for the implementation of certain enacted laws and whether they are competent to share its “Test Check” findings with the Vigilance Organization without finalizing the matter with the concerned department.
In response to first two points, the PAG stated that the audit observations never questioned the wisdom or authority of the Legislature in the enactment of laws nor do they question the authority of the Government to frame or amend the laws for the implementation of certain Acts passed by the Legislature.
However, it has explicitly stated that Rules should not contradict the very spirit of the law and in the case of Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, the Rules have not been made in conformity of the Roshni Act aimed at supporting the power sector by way of revenue realization while conferring the proprietary rights to the illegal occupants of the State land.
“We have already communicated our observations on the basis of some ‘test check cases’ to the Revenue Department but they have not given any convincing reply till date”, the PAG has conveyed to the Committee on Public Accounts.
About referring of Roshni scam to the State Vigilance Organization, the PAG said, “the CAG follows the standard prescribed by the International Organization of Supreme Audit Institution headquartered at Geneva followed by 190 member countries of the world. Moreover, we follow the Regulations on Audit and Accounts issued by CAG in 2007”, adding “these guidelines authorize the PAG to share an interim report (not the final reports) on the suspected cases with the vigilance agencies observing utmost confidentiality”.
The PAG further said: “We have a number of instances wherein such findings have been shared with the investigating agencies all over the country. In the instant case also, the Vigilance Organization has been requested to maintain utmost confidentiality in the matter”.
“We have followed the statutory mandate properly while referring the findings to the State Vigilance Organization and were not bound to seek any permission from the Government”, the PAG said, adding “the institution of CAG works under the Regulations prescribed under the DPC Act adopted by the Parliament and seeking prior permission from the Government would make the otherwise independent organization subordinate to the latter. Of course, the Auditors should be sure enough about the cases of theft, corruption, embezzlement or loss to public property on the basis of sufficient evidence”.
The Committee on Public Accounts has also agreed with the wisdom of the PAG for referring the ‘singular case’ to the investigating agency but has stressed for taking utmost precautions to ensure adequate confidentiality in such matters in future.
Due to failure of the Revenue Department to give any convincing reply and the stand of the PAG that Rules of the Roshni Scheme were not framed adequately as reflected under the mandate of the Act, the examination of Audit Para vis-à-vis irregularities in implementation of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 has remained inconclusive.
It is pertinent to mention here that even after numerous directions from the State High Court, in a Public Interest Litigation on the Roshni scam, none of the guilty officer/official has been punished till date because the Government is hell bent to shield them.
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