Mohinder Verma
JAMMU, Apr 16: In a major embarrassment for highest anti-corruption body—State Vigilance Organization, High Court today expressed anguish over the closure of a complaint alleging illegal and backdoor appointments against 37 newly created posts in the Legislative Assembly Secretariat and MLA Hostels. The High Court, while issuing directions for reopening of the case, has made it clear that fresh probe shall be completed within a period of two months.
The alleged illegal and backdoor appointments came to the fore through a writ petition filed by Prof S K Bhalla, who is seeking registration of FIR on various grounds. 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 37 posts of different categories 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.
When the writ petition came up for hearing before Justice Janak Raj Kotwal today, Senior Additional Advocate General, Gagan Basotra submitted that State Vigilance Organization has closed the complaint on the basis of communication received from the Assembly Secretariat.
In the communication No.LA/1203/Adm/2014 dated May 28, 2014 addressed to the State Vigilance Organization, the Assembly Secretariat mentioned that 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.
Mr Basotra, while pleading for dismissal of the writ petition in the open court, further submitted that petitioner was not an aggrieved party and under Section 156(3) CrPC he should have approached Anti-Corruption Court.
However, Advocate Sheikh Shakeel Ahmad submitted that any citizen of the country can lodge complaint under Section 5(2) of Prevention of Corruption Act. Moreover, the Vigilance Organization has closed the complaint arbitrarily as appointments cannot be made on pick and choose basis without adopting any criteria consistent with Articles 14 and 16 of the Constitution of India.
Stating that complaint has been closed because of involvement of big sharks, Advocate Ahmad drew the attention of High Court towards the Apex Court judgment, which states that employment is a national wealth and every eligible citizen has a right of consideration. “Very illogical argument has been taken by the Assembly Secretariat that there is a precedence that Speaker has been making appointments”, he argued, adding “employment is a national wealth and cannot be distributed on pick and choose basis”.
Rejecting the closure of complaint, Justice Janak Raj Kotwal, in the open court, expressed surprise over acceptance of Legislative Assembly Secretariat communication as gospel truth by the Vigilance Organization especially when it was an admitted fact that posts were never subjected to recruitment through normal process.
“Instant case was a fit case for probing the illegal appointments as pecuniary benefits were showered upon the selected people”, Justice Kotwal further said in the open court. He directed the Vigilance Organization for reopening of the complaint for fresh probe to be completed within a period of two months.
“Compliance report in this regard shall be filed by the Vigilance Organization”, Justice Kotwal further said and directed the Registry to place this petition in the month of May for further proceedings.
Justice Kotwal, in the open court, also framed specific questions to be answered by the Vigilance Organization. “It is required to be explained as to why no advertisement was issued for inviting applications from the citizens of Jammu and Kashmir for the posts to be filled up”, he observed in the open court.
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