Mohinder Verma
JAMMU, May 13: State Accountability Commission (SAC) today initiated regular enquiry against Deputy Chief Minister, Tara Chand for making several illegal appointments in the Urban Local Bodies when he was holding the charge of the Housing and Urban Development Department.
The regular enquiry has been initiated in a complaint filed by one Saquib Mushtaq, son of Mushtaq Ahmed Shora, a resident of Qamarwari Srinagar whereby various allegations of corruption and misuse of official position, favouritism and nepotism have been leveled against the Deputy Chief Minister. In support of his allegations, the complainant has also produced copies of various orders of illegal appointments before the Accountability Commission.
In the complaint, it has been alleged that Deputy Chief Minister while holding the charge of Housing and Urban Development Department made largescale illegal appointments in Urban Local Bodies in utter violation of the constitutional scheme of the Government Order No.1423 of GAD dated October 14, 2009.
“The appointments have been made at the instance of DyCM, who being a public functionary has misused his position and by means of corruption and nepotism has engaged/appointed scores of people in public employment”, the complainant said, adding “the respondent (DyCM) has failed to act in accordance with the norms of integrity and conduct”.
In support of the allegations, the complainant has even placed on file various engagement orders issued by the Executive Officer and the President of Municipal Committee, Bandipora.
On the receipt of this complaint, the Accountability Commission issued notice to the DyCM for his reply to the allegations but Tara Chand denied the allegations regarding these appointments. “As Minister for Urban and Local Bodies Department, the case regarding illegal appointments came to my notice and I constituted two separate enquiries for Kashmir and Jammu provinces vide Government Order No.110-HUD of 2010 dated April 20, 2011 and Government Order No.111-HUD of 2011 dated April 20, 2011”, DyCM said in reply to the notice, adding “from the inquiry it appeared that illegal appointments stood made in various local bodies and I initiated regular inquiry against Farooq Ahmed Renzu, Director Local Bodies Srinagar and appointed an inquiry officer also”.
In the reply, the DyCM has also stated that Municipal Committees under Municipal Act are autonomous bodies/local self Government and competent to run day to day functioning on their own level.
However, the SAC bench comprising Chairperson, Justice Y P Nargotra and Member, Justice Hakim Imtiyaz Hussain has observed, “out of various engagements made by Executive Officers Municipal Committee, Bandipora, it appears that some appointments/engagements have been made at the instance of the Deputy Chief Minister”.
Some of these appointments relate to Shabir Ahmed Bhat, son of Kabir Bhat and Ghulam Rasool Chopan, son of Gh Ahmad Chopan, both the residents of Chewa (Order No.MC/BPR/Estt/156-60 dated January 28, 2010), Gh Rasool Chopan (Order No.MC/BPR/Estt86-90 dated January 28, 2010), Mushtaq Ahmad Sheikh, son of Sonaullah Sheikh of Khamina Bahar Abad (Order No.MC/BPR/Estt/196-200 dated February 28, 2010), Azhar-ud-Din, son of Mohd Amin of Khamina Bahar Abad (Order No.MC/BPR/Estt/216-20 dated March 27, 2010), Shaheena Parveen, daughter of Ghulam Ahmad Shah of Papchan (Order No.MC/BPR/Estt/1701-03 dated March 12, 2008) and Ghulam Hassan Hajan, son of Abdul Khaliq Hajam of Qazipora (Order No.MC/BPR/Estt/306-10 dated September 27, 2010).
“These are some of the appointments made in the local bodies and orders show that these have been made at the instance of Deputy Chief Minister”, the SAC said, adding “the appointing authority has, while directing these appointments specifically stated in the order itself that the appointments were being made at the instance of the Deputy Chief Minister”.
The SAC has further observed, “the respondent (DyCM) has not denied this fact at all. The copies of these orders were sent to the respondent for his reply but in his reply he has no where denied the fact that he passed on any such instructions to the appointing authority”, adding “there may be other appointments also which have been made without the knowledge of the Minister, for which he has initiated an enquiry against the Director concerned, as alleged by him, but directing any such enquiry cannot absolve DyCM from the allegations regarding appointments as the orders clearly show that these appointments were made on his instructions”.
“The illegal appointments made in the local bodies and not denied by the respondent besides the copies of the engagement orders show prima facie that these engagements have been made in gross violation of the rules. Though inquiry has been ordered in the matter, conspicuous silence of the DyCM about his role in the appointments makes him prima-facie liable for violation of the rules”, the Accountability Commission said.
With these observations, the SAC has directed holding of regular inquiry against DyCM on the charges contained in the complaint against him. “The complaint be registered for regular enquiry and a notice shall go to the respondent, who may file his statement of defence withix six weeks”, the SAC ordered.
As no prosecutor has been provided by the Government till date, the Commission requested the Advocate General to assist the Commission in prosecution of this case. The case will now be heard by the Commission on July 8, 2013.
Trending Now
E-Paper
Follow our WhatsApp channel