Secy LC ignores PMO’s repeated reminders
Fayaz Bukhari
Srinagar, Nov 4: In brazen violation of service rules, a Government employee appointed as reporter in Legislative Council, through backdoor, 17 years ago has been given undue promotions several times in his career to make him Special Secretary while some of the KAS officers of 1999 batch are yet to make it to such a position after two decades.
Jammu and Kashmir Legislative Council (Order No: 466 LC of 2018 Dated: 28-09-2018) promoted Ishfaq Ahmad Wani as Special Secretary after series of undue promotions. “In the interest of administration, sanction is hereby accorded to the promotion of Ishfaq Ahmad Wani, Additional Secretary, J&K Legislative Council, presently on deputation to the Government as General Manager, SKICC, as Special Secretary, in the pay level of Rs. 123100-215900 with effect from 1st October, 2018 against the vacancy arising due to superannuation of Mohammad Ashraf Wani, Special Secretary, subject to confirmation by the Government”, read the order.
This is second promotion of Wani this year since April when he was promoted and his cadre was changed to Additional Secretary (Order No: 209-LC of 2018 Dated: 17-04-2018) from Special Assistant. The change of cadre was also done illegally against Supreme Court order and recruitment rules of the Jammu and Kashmir Legislative Council.
The Government circular (No. 07-GAD of 2003 dated 12-03-2003) on change of cadre read: “It has been observed that some departments/Heads of departments are recommending cases which involve change of cadre which would be not in consonance with the decision of Supreme Court in the aforementioned case. It is therefore, impressed upon all the Administrative Secretary/Heads of Departments not to recommend such cases which would invoke contempt of court in Hounorable Supreme Court.”
As per the communication of General Administration Department (No. GAD/RTI (Adm)85/2016 dated 26-08-2016) Jammu and Kashmir Legislative Council Secretariat is governed by the services rules of 1959 and promotions are to be made under these rules only. “The Jammu and Kashmir Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 1959 continue to govern the Legislative Council Secretariat, in term of the clarification by the Chairman, Legislative Council vide D.O No. PS/HCM/102/15 dated 28-01-2015 and as such promotions cannot be considered till updation/amendment of the Jammu and Kashmir Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 1959 by the Council Secretariat after following the due process of law”, read the GAD communication.
“Besides it is also advised that while considering promotions, the Jammu & Kashmir Public Service Commission is compulsory consulted in terms of Rule 7(1) of the Jammu& Kashmir Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 1959”, it further read.
In order to favour Wani when the promotion case was sub-judice, an order (Order No: 615 LC of 2016, Dated: 31-12-2016) was issued in 2016 by the LC in advance where it was said that he shall be promoted as Additional Secretary in 2017 after the retirement of then Additional Secretary, Ghulam Mohammad Bhat.
“Ishfaq Ahmad Wani, Special Assistant to Chairman who is at Sr. No. 1 in the seniority shall be promoted to the post of Additional Secretary when i) the post of Additional Secretary becomes available by way of restoration by the Government or ii) after the retirement of Gh. Mohammad Bhat on 31-03-2017”, read the order.
And order to save Wani from litigation, this year a separate order of promotion to Additional Secretary from Special Assistant (Order No: 209-LC of 2018 Dated: 17-04-2018) was issued in his favour and for other 15 employees of the LC another order (Order No: 2010-LC of 2018 Dated: 17-04-2018) was issued.
The promotion order (Order No: 2010-LC of 2018 Dated: 17-04-2018) of other 15 officials read: “The promotions at S No: 1 and 3 have been made in terms of an undertaking executed between Ishfaq Ahmad Wani, Special Assistant, Ali Mohammad Rawat, Deputy Secretary and Ali Mohammad Dar, Deputy Secretary duly attested by the Judicial Magistrate, agreeing to the settlement of their inter-se seniority in accordance with terms and conditions laid down in the undertaking, dated: 12 April, 2018.”
Here not the seniority and service rules were followed by the LC but an agreement or undertaking signed under duress became basis for Wani’s promotion whose seniority has not been fixed by the department yet.
After the promotion of Wani as Special Secretary, he made representation to GAD seeking repatriation to his parent department or “suitable post to his status” in the Government. However, Chief Secretary, BVR Subrahmanyam, sought clarification from the GAD. The GAD asked (OM Order No: GAD (Ser) Gen/77/2011-II dated 18-10-2018) sought clarification from Secretary Legislative Council on the issue.
The Secretary LC cleared the file in no time and got Wani repatriated in October this year as Special Secretary LC in violation of the same agreement (dated: 12 April, 2018)on the basis of which he was promoted.
Wani was appointed as Reporter in the LC in the pay scale of Rs 5000-8000 in 2001 (16-02-2001) through backdoor and in just one year he was promoted to gazetted rank. After four months of his service, he was directed to perform duties as Private Secretary to the Chairman LC (Vide Order No. 29 (A)-LC of 2001 dated 03-07-2001). And after nine months of service, he was promoted (Order No. 564-LC of 2001dated 27-11-2001) as Senior Scale Stenographer in pay scale of Rs 6500-10500. He was, however, directed to continue to perform duties of Private Secretary (Vide Order No. 569-LC 0f 2001 dated 29-11-2001).
Wani was promoted (Vide Order No. 560 of LC 2004 dated 16-01-2004) and adjusted as private secretary to Chairman LC in the pay scale of Rs 7500-12000 in 2004. But his promotion was given effect from July 11, 2002 (Order No. 37 LC of 2004 dated 29-02-004). He was later promoted (Order No. 328 of LC 2004 dated 23-08-2004) in upgraded pay scale of Rs 7500-12000 to Rs 10000-15200 with effect from 17-08-2004. So in just one year, Wani was elevated from non-gazetted to gazetted illegally without following service rules.
The promotions were granted to Wani despite his date of birth certificate being fake which was proved by the Crime Branch of Jammu and Kashmir Police. The Crime Branch sought sanction from the Government to prosecute 9 officers including then Chairman of LC in his fraudulent DOB certificate and undue and unlawful promotion case. The Crime Branch letter (No: CHQFIR/78/07/CBK-6594 dated: 05-08-2013) addressed to Chairman Legislative Council read: “…it is submitted that case FIR No: 78/2007 P/S CBK has been closed as proved against Abdul Rashid Dar, the then Chairman Legislative Council, Ghulam Rasool Mehboobi, the then Secretary LC, A K Khuller, the then Addl. Secretary, LC Mohammad Shafi Mir, the then Dy. Secretary LC Abdul Qayoom Khan the then Under Secretary, LC Fazal Karim Malik, the then Dy. Secretary, LC Ishfaq Ahmad Wani, Special Asst. LC Mohammad Ashraf Wani, the then Sectioned Officer and Mohammad Ashraf Shah, the then Under Secretary, LC and case file has been sent to Government for accord of sanction for launching prosecution against the in service accused”.
However, before the sanction could be accorded to prosecute Wani and other top officials of the LC including then Chairman, he got the FIR quashed from the High Court. But then Director General of Police sought sanction from Government to challenge the order in the Apex Court.
The DGP’s letter (No: Legal/San/22/S/2013 dated: 05/2014) addressed to Principal Secretary Home seeking sanction to challenge HC order in SC read: “The Inspector General of Police, Crime Branch J&K, Srinagar has submitted a proposal for assailing the Order dated:11-03-2014 (copy enclosed) passed by the High Court in the above said case. A Perusal of the judgment dated: 11-03-2013 revealed that the same is based on correct appreciation of the legal provision, since the court can only quash FIR or proceeding of a case when the allegations made in the complaint or FIR do not constitute any offence or when the FIR or the other evidence both oral as well as documentary, accompanying the FIR do not disclose a cognizable offence. Since during the course of investigation, it has reportedly came to fore that the accused in league with officers/officials of Legislative Council managed his frequent promotions within a short span of time in violations of rules governing promotions and also superseded his senior colleagues who were dropped without any justification, there does not appear to be any plausible reason in quashing the FIR.”
However, the then Law Secretary, Mohammad Ashraf Mir (vide U.O. No: LD (Lit) 2103/140-SC/Home dated 01-09-2014) who is close relative of Wani opined: “Returned: The Limitation period for filing of SLP has already expired and there are bleak chances of getting the order dated 11-03-2014 reversed from the Apex Court filing of SLP at this stage will be a futile exercise.”
Not satisfied with the Law department’s opinion, the DGP again wrote to the Government for according sanction but the Department of Law, Justice and Parliamentary Affairs again opined (vide U.O. No: LD (Lit) 2103/140-SC/Home dated 06-01-2015): “Returned. The opinion conveyed vide U.O. No: LD (Lit) 2103/140-SC/Home dated 01-09-2014, still holds good.”
The Chairman of the LC who conducted the inquiry into the DOB of Wani also found his certificate to be fraud and instead of taking action, asked him to produce correct certificate. The order (Order No: 261-LC of 2007 dated Dated: 20-03-2007) read: “Whereas in an inquiry conducted by the Jammu and Kashmir Legislative Council Secretariat, it was established that Ishfaq Ahmad Wani, Private Secretary to Chairman had submitted a fake Secondary School Examination Certificate bearing Serial No: 60220, Roll No. 11720, Session October-November 1989, indicating therein his date of birth as 28-03-1975… he should, however, be warned to be careful in future and correct entries with regard to his date of birth be made after verification”.
A four member inquiry committee into DOB fraud by Wani formed by Council Secretariat (Order No. 53 LC of 2011 dated 24-01-2011) and it recommended (dated 19-04-2012) that he may be reverted to the Post of Private Secretary. But the recommendations were not implemented and instead he was promoted.
The Prime Minister’s Office (No. PMOPG/D/2016/0284230 dated 05-10-2016) even forwarded a petition to Secretary LC, filed against Wani for his fraud promotions and Law Department saving him from prosecution as recommended by the CB. The PMO sought report from LC Secretary but so far despite six reminders (latest one dated 17-10-2018), the Secretary has failed to respond.
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