Excelsior Correspondent
Srinagar, March 8: High Court has stayed the order of demotion passed against three officers of Municipal Committee of district Anantnag saying that the order on its cursory look does not specify the adopting of proper procedure by the Department.
Four officials ranking Chief Executive officer (CEO) and Executive officers (EOs) of Municipal Committee Anantnag were demoted by the Government on complaint of irregularities of financial procedures and building permissions against these officers.
The order of demotion came to be challenged by three of officers before the high court in separate proceedings and the high court has kept in abeyance their demotion order.
It is stated that the department has received various complaints through Vigilance Organisation Kashmir (VOK) for the year 2018-19 against Chief Executive officer and other Executive Officers of Municipal Council Anantnag, and consequent thereupon, a committee was constituted on 23.04.2019 for conducting in-depth enquiry, whereby consequently, the committee submitted the preliminary report in May, 2019, to which the officers submitted a detailed reply.
However, neither the officers nor any other officer was associated with enquiry and there was neither any complaint nor any allegation of misappropriation or financial irregularities against the them for the said period.
It is averred that on 04.07.2019, Principal Secretary of Housing & Urban Development Department issued an order whereby all the four officers were placed under suspension, thereupon on 21.11.2020, enquiry officer resubmitted his report that a particular officer or official of the Municipal Council Anantnag could not be held responsible for all the allegations because of the fact that the violations were from grass root level to the extent of President of Council and all were responsible and liable for disciplinary action, however, vide Govt. Order No. 118-JK(HUD) of 2021 dated 06.08.2021 issued by Principal Secretary of H&UDD major penalty of reduction of rank in terms of Rule 33 of J&K Civil Services (Classification, Control and Appeals) Rules, 1956 came to be imposed upon them whereby they have been placed in the minimum stage in the time scale as a result they have been reduced in rank by two steps from the post of Chief Executive Officer & Executive Officers to the post of Assistant Sanitation, Food Inspector, Tax Inspector and legal Assistant.
It is averred that in regard to impugned order No. 118- JK(HUD) dated 06.08.2021 issued by respondent No. 01, no notice to show cause was ever issued to the petitioner, the impugned order does not reflect that any notice was sought upon them or any enquiry was conducted and they were never associated with the enquiry, no procedure for imposing major penalty of reduction of rank has been followed, nor any charge sheet has been framed against the petitioner.
It has been submitted before the court that rule of natural justice has been violated, the enquiry conducted by the committee and the recommendations made are not only illegal but also in violation of J&K CCA Rules-1956 which govern the service condition of the petitioner, no procedure as mandated under J&K CCA Rules-1956 as well as Municipal Act 2000 has been followed, as such the demotion order is illegal, arbitrary and unconstitutional as the same is in violation of J&K CCA Rules, J&K Civil Services Rules, Article 311 of Constitution of India and principle of natural justice.
Court after having the cursory glance at demotion order said the same depicts that the officers from their substantive post of Executive Officers and Chief Executive Officer has been reduced to the rank. “Rule 33 of J&K CCA Rules, 1956 demonstrates that for issuance of order of ‘dismissal’, ‘removal’ or ‘reduction in rank’, the delinquent officer has to be informed in writing the grounds on which it is proposed to take action, definite charge has to be communicated to the official together with statement of allegations on which each charge is based”, Court said.
Court while keeping in abeyance the order of demotion of these officials said the same does not specify the adopting of such procedure by the Principal Secretary.
“Be that as it may, at this stage, the petitioner has carved out a case for grant of ad-interim relief in his favour. Admit. Respondents shall file objections/detailed response by the next date of hearing. In the meantime, subject to objections and till next date of hearing, the impugned order dated 06.08.2019 is kept in abeyance”, Court directed.
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