*GAD Secy asked to furnish report of 147 enquiries
Mohinder Verma
JAMMU, July 9: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today said that the officers facing serious allegations of corruption do not deserve a public dealing posting and machinery of criminal justice has to be put into motion to take 147 departmental enquiries to the logical conclusion. The fate of these enquiries is hanging in balance during the past quite long time because of least interest from the concerned departments for obvious reasons.
These observations were made by the Division Bench is a Public Interest Litigation (PIL) titled Sheikh Mohd Shafi and Another Versus Union of India and Others.
During the course of hearing, Advocate Sheikh Shakeel Ahmad appearing for the PIL submitted that concerned authorities have not shown complete compliance of the order dated April 4, 2014 whereby the Division Bench had issued directions for complete disclosure with regard to the stage of 147 departmental enquiries, nature of charges, status of officers and their present postings.
“As per the compliance report dated May 29, 2014, only 12 departmental enquiries have been disposed of under rules by School Education, Cooperative, Health and Medical Education, Rural Development, Public Works Departments and J&K Special Tribunal”, he said, adding “it has not been disclosed in these 12 enquiries as to what were the nature of allegations and the status of the delinquent employees”.
On this, the Division Bench observed, “we are constrained to observe that the General Administration Department is slack in securing information from the concerned departments for obvious reasons and the concerned departments are shying away in disclosing complete information”, adding “the information as per the directions issued on April 4, 2014, has not been disclosed so far”.
“Since April 4, 2014, the position has marginally changed but no change in material particulars is seen. The names of the officers and their present place of postings have been concealed”, the DB said. Is it with the apprehension that their nexus would be exposed or with some other motives? the DB asked.
On the perusal of the list, the Chief Justice pointed out some cases establishing that there was no intention on the part of concerned authorities to take action against the delinquent officers/officials. About the officers of the Revenue Department, who are facing the allegation of transfer of 1200 kanals of Government land to land grabbers in Kote Bhalwal area, it has been mentioned in the report that the matter was sent to Divisional Commissioner Jammu on July 7, 2011 for legal action against those who had sold land in excess of their shares and further departmental action against the responsible officers was recommended.
“What happened after July 7, 2011 has not been revealed and all that has been said is that action taken report is awaited”, the Chief Justice said, adding “similarly, an enquiry into the allegation against an officer involved in bungling in disbursement of compensation, is pending since August 23, 2011 wherein a regular departmental action against Mushtaq Ahmad Buhroo and Abdul Rashid Parray, the then Patwaris was recommended”.
“The enquiry against Executive Engineer, Assistant Executive Engineer and JE Relief Organization, who are facing the charges of withdrawing Rs 10 lakh against non-existing sanitary works without inviting tenders, is also pending since November 7, 2012”, the DB pointed out, adding “the revelation made in respect of various officers/officials doesn’t leave any manner of doubt that most of them suffer from serious allegations. However, no effort has been made by the respondents to take the departmental enquiry to logical conclusion”.
“We fail to understand why the machinery of criminal justice has not been put into motion. We are also unable to appreciate why the respondents are shy of disclosing their names and place of postings”, the DB said, adding “a person who is facing serious allegations of corruption, mis-appropriation and fraudulent transactions, causing loss to the public exchequer to the tune of lakh of rupees don’t deserve a public dealing posting”.
Directing General Administration Department to ensure compliance of order dated April 4, 2014 before the next date of hearing, the DB said, “if the report is not filed, then Secretary GAD shall remain present in person”, adding “we wish to make it clear that a report containing half-information will not be accepted”.
About the issue of providing Prosecuting Officers to 7 Additional District and Sessions Judges, who have been empowered to deal with cases under Prevention of Corruption Act, the DB said, “the slow peddling of this issue doesn’t augur well for advancing the administration of justice”.
“The courts of Additional District and Sessions Judges were empowered to deal with corruption cases way back in August 2013 and a period of more than 11 months has passed but the Prosecuting Officers are not in sight”, the DB said, adding “if any of the six applicants as disclosed in the status report are found to be suitable then immediate steps be taken by the GAD to clear their files and give them posting orders as the same will facilitate expeditious disposal of corruption cases”.
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