Mohinder Verma
JAMMU, Mar 27: In a development of far reaching consequences, Division Bench of High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar today directed the Chief Secretary and the Commissioner/ Secretary General Administration Department (GAD) to file status report about the action taken in 143 departmental enquiries ordered against various officers for misconduct and violating norms. Moreover, the DB has also directed the GAD Secretary to apprise the court about the steps taken to provide prosecuting officers to the courts designated to handle corruption cases within a period of one week or appear in person to explain his conduct.
When a Public Interest Litigation (PIL) highlighting the core issue of corruption and the cold shoulder response of the State towards its eradication was taken up for hearing, the attention of the Division Bench was drawn towards 143 departmental enquiries, whose fate is hanging in balance in the absence of Action Taken Reports from the concerned departments.
While pointing towards a news item appearing in EXCELSIOR dated February 24, 2014, the counsel for the petitioner, Advocate Sheikh Shakeel Ahmed submitted, “inordinate delay in filing Action Taken Report in 143 departmental enquiries casts a big question mark over the credibility of the State Government in tackling and dealing with the corrupt elements in the administration”. He further submitted that the news-item has belied the claims of the State Government that there is no deadwood in the administration.
“The directions are required to be issued to the State to place before the Court the ATR with regard to these 143 departmental enquiries against various Gazetted Officers along with their latest status so that further directions in larger public interest are issued to ensure action against these tainted officers, who are continuing in job despite establishment of guilt against them”, the counsel for the PIL said.
Stating that people of the State have a right to know about the complete particulars of the Gazetted Officers and their acts of omission and commission, he said, “the respondents cannot be allowed to act as mute spectators when the State has already been ranked No.2 in corruption by an NGO—Transparency International”, adding “moreover, the respondents cannot be allowed to shield the tainted officers and are duty bound to make the officers accountable by taking punitive action under law”.
It is pertinent to mention here that on the basis of official data, EXCELSIOR had carried a news-item mentioning that allegations against officers involved in these 143 cases pertain to misappropriation of funds meant/sanctioned for developmental works, abuse of official position and causing huge loss to State exchequer, use of sub-standard material in construction work, violation of norms and rules in allotting land at prime location, drawal of payment by forging the signatures of the complainant and illegal appointment/regularization.
Moreover, the allegations against these officers were also relating to illegal gratification, irregularities/procedural lapses in submitting loan cases, tampering of revenue records, allotment of construction works to favourite persons, misuse of official position by taking journey abroad without authorization of the Government, sanctioning of leave in violation of leave rules, embezzlement of timber, violation of codal formalities and service rules, illegal auction of land, illegal transfer of land, transfer of huge chunk of Government land to land grabbers, backdoor appointments, drawal of fraud bills, black-marketing of kerosene oil, indulgence in corrupt practices, drawal of money against non-existent works, allotment of tenders to blue-eyed persons and granting illegal benefits to relatives against extraneous consideration etc.
After going through the Civil Miscellaneous Application about the 143 departmental enquiries and hearing counsel for the PIL titled Sheikh Mohd Shafi Versus Union of India, Division Bench issued notice to Chief Secretary and Commissioner/ Secretary General Administration Department with the direction to file status report about the action taken in such enquiries within a period of one week. Senior Additional Advocate General, Gagan Basotra accepted notice on behalf of the respondents.
In another Civil Miscellaneous Application seeking posting of prosecutors in the seven courts of Additional District and Sessions Judge designated to handle the corruption cases, Division Bench, in the open court, directed Commissioner/ Secretary General Administration Department to apprise the Court about steps taken in this regard within one week failing which he shall remain present in person to explain his conduct.
In its earlier order, the DB had directed the State for filing response to the CMA but there was no compliance from the State and the same was viewed seriously by the Division Bench today.
How the corruption cases pending in these seven Courts can be decided in the absence of the prosecutors? the Division Bench asked in the open court and said, “in the absence of the prosecutors the objective behind designating powers to seven courts of Additional District and Sessions Judges is not being achieved”.
It is worthwhile to mention here that EXCELSIOR in its issue dated March 11 had exclusively carried a news-item highlighting this grave issue. The necessity to confer powers on the seven courts of Additional District and Sessions Judges to deal with corruption cases was felt by none else than the State High Court, which on July 9, 2012 had directed the State through Chief Secretary to take immediate steps for conferring powers on the courts of Additional District Judges under the Prevention of Corruption Act.
Meanwhile, Division Bench directed deletion of Chief Minister’s name from the array of respondents in the PIL on the ground that there was no malafide in the petition against the Chief Minister.
However, the DB directed the Senior AAG Gagan Basotra to make a statement on next date of hearing with regard to notifying of the Recruitment Rules for the staff of State Accountability Commission. The DB fixed the PIL for further hearing on April 3, 2014.
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