Mohinder Verma
JAMMU, Oct 21: In a petition seeking registration of FIR in the ‘recruitment scam’ in the Jammu and Kashmir Legislative Assembly, State High Court today issued notice to the Secretary, General Administration Department and Director Vigilance Organization seeking response within a period of two weeks.
Through this petition, indulgence of the High Court has been sought for registration of case under Prevention of Corruption Act against the then Speaker Legislative Assembly and sitting Minister for Higher Education, Mohammad Akbar Lone and Secretary of Legislative Assembly, Mohammad Ramzan. Moreover, prayer has also been made for issuance of directions to Director, Vigilance Organization for investigating the matter fairly and un-influenced by the position occupied by the alleged accused in the recruitment scam.
After going through the petition and hearing the arguments of Advocate Sheikh Shakeel Ahmad appearing for the petitioner—Prof S K Bhalla, Justice Janak Raj Kotwal, in the open court, passed directions for issuing of notices to the Secretary of General Administration Department and Director Vigilance Organization for filing response within two weeks.
Keeping in view the importance of the petition, Justice Kotwal even allowed furnishing of “Dasti” notices to these two respondents with the direction to the Registry to list the petition in the week commencing from November 17.
The petitioner in his complaint dated March 4, 2014 had exposed a recruitment scam in the Secretariat of Legislative Assembly by mentioning that the then Speaker, Mohammad Akbar Lone and Secretary Legislative Assembly made appointments against several newly created posts on pick and choose basis without adopting any procedure, counsel for the petitioner said in the open court.
Through this complaint the petitioner sought registration of FIR under Section 5(2) of Prevention of Corruption Act against the respondents for distributing jobs. But Director Vigilance didn’t initiate any action and compelled the complainant to file a contempt petition against the officer after relying the judgment of the Supreme Court in Lalitha Kumari Versus State of Uttar Pradesh, Advocate Ahmad said in the court. The Director Vigilance, after receiving report from the Assembly Secretariat, closed the complaint and filed a status report in the contempt petition, he added.
The counsel for the petitioner submitted before the High Court that since the decision of the SVO was bad in the eyes of law the complainant has filed the present petition seeking directions to the SVO to investigate the matter by registering an FIR, Advocate Ahmad further said.
“The instant case is not an ordinary run of the mill case as the allegations of corruption and abuse of official position are against the then Speaker of Legislative Assembly and sitting Cabinet Minister and the undue pressure upon official respondents cannot be ruled out”, the petition said, adding “for instilling the confidence of the public in the fairness of the investigation the same is required to be monitored by the Court”.
Advocate Ahmad also made reference to the Supreme Court ruling in Vineet Naraian’s case (Jain Hawala case) that when the accusations are against high-ups the investigation should be monitored till the final report is submitted in the competent court of law. In the petition, the attention of the High Court has also been drawn towards the Apex Court observations in 2G Spectrum and Coal Block allocation cases dubbing CBI as “caged parrot” which speaks its masters voice and said, “Similar is the condition of SVO, which is under the administrative control of GAD and can easily be influenced”, the petition added.
According to the petition, the State Cabinet vide Decision No.197/14 dated 23-10-2007 had approved the proposal of Legislative Assembly Secretariat for the creation of several posts for Assembly Secretariat and two MLA hostels at Jammu and Srinagar. The creation of posts was sought on the ground that the staff strength at that time was not sufficient and proportionate to the ever-increasing work load.
“These posts were required to be filled up by following the laid down procedure but the then Speaker and Secretary in order to give undue benefit to the blue eyed persons on extraneous considerations kept the matter as a guarded secret and by misusing their official position adopted a novel method for filling up the posts”, the petition said, adding the posts were filled by promoting in-service candidates and also by accommodating candidates from the open market on pick and choose basis without laying down any criteria or following transparent selection procedure.
It has been mentioned in the petition that posts were also created earlier in the year 2001 and 2005 and the same were filled up by mode of direct recruitment as the same were duly advertised and filled up on the recommendations of a Selection Committee. However, the posts created in 2007 were never advertised and were filled up in a manner unknown to the settled practice and rules of recruitment.
“Though Rules 7 and 8 of the Jammu and Kashmir Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1959 provide that Speaker is the competent authority for making appointments but the appointments cannot be made on pick and choose basis without adopting any criteria consistent with Articles 14 and 16 of the Constitution of India as the Supreme Court says that employment is a national wealth and every eligible citizen has a right of consideration”, the petition said.
In the petition reference has also been made of former Chief Minister of Haryana Om Parkash Choutala, who was recently convicted under Section 5(2) of P.C Act in a recruitment scam of teachers.
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