Facilitating conversion of residential building into commercial
Govt guidelines being flouted by H&UD Deptt
Mohinder Verma
JAMMU, Apr 5: Unreasonable it may sound but it is a fact that Regular Departmental Action (RDA) ordered against the then officials of the Jammu Municipal Corporation for facilitating conversion of residential building into commercial more than three and half years back has yet not been completed by the Housing and Urban Development Department.
In this way, the department is flouting the guidelines issued by the Government of Union Territory of Jammu and Kashmir for dealing with regular departmental inquiries against the delinquent officials.
The Vigilance Wing of the General Administration Department vide communication No.105-RDA/2017 dated September 14, 2017 referred the matter of facilitating conversion of residential building into commercial by the then officials of Jammu Municipal Corporation to the Housing and Urban Development Department for necessary action.
However, there was no action on the communication of General Administration Department for several months and it was only on January 30, 2018 that the then Financial Commissioner Housing and Urban Development Department K B Agarwal vide Government Order No.34-HUD accorded sanction to the appointment of Rajesh Sharma, the then Joint Commissioner (Administ-ration) of Jammu Municipal Corporation as Inquiry Officer to enquire into the charges against the officers/officials of JMC for allowing the violator to violate the building permission and convert the residential building into commercial one.
The Inquiry Officer was directed to submit the report within 21 days positively along with his specific recommendations.
Now, three and half years after the recommendation of General Administration Department and over three years after the initiation of first inquiry, the Principal Secretary to the Government, Housing and Urban Development Department Dheeraj Gupta vide Government Order No.68-JK(HUD) dated March 31, 2021 has appointed new Inquiry Officer.
“In supersession of Government Order No.34-HUD of 2018 dated January 30, 2018, Harinder Arora, Director Building Centre, Jammu/ Incharge Senior Architect Jammu is hereby appointed as the Inquiry Officer to enquire into the charges served to Gulab Din, the then Enforcement Inspector, Parshotam Kumar, the then Enforcement Inspector and Tarsem Chand, the then Enforcement Officer of Jammu Municipal Corporation”, read the order.
It has further been ordered that Sudhir Bali, Assistant Commissioner Revenue, Jammu Municipal Corporation will be the Presenting Officer for the conduct of the enquiry. “The Inquiry Officer shall complete the enquiry and submit his report within 45 days”, the Principal Secretary Housing and Urban Development Department has mentioned in the order.
“It is really a matter of serious concern that Housing and Urban Development Department has failed to complete the Regular Departmental Action process during the past three and half years”, official sources said, adding “what sort of deterrent effect the Regular Departmental Action will have if the process is completed after such a prolonged delay”.
They further said, “this is the clear example of blatant violation of the guidelines issued by the Government of J&K Union Territory vis-à-vis dealing with regular departmental inquiries against the delinquent officials”.
Few months back, the General Administration Department, in a formal circular, had observed: “The guidelines and procedures to be adopted in Regular Departmental Enquiries are still not being followed by the departments, in letter and spirit, which defeats the very purpose behind recommendation of the same”.
“The departments should monitor each departmental enquiry carefully to ensure its completion in a time bound manner preferably within a period of three months and not more than 6 months in any case, and its outcome shared with the General Administration Department (Vigilance)”, read the guidelines.
The General Administration Department had also observed that after receiving of recommendations from the investigating agencies, the department instead of serving charge-sheet to the delinquent public servant(s) choose to appoint “Enquiry Officer” or constitute “Enquiry Committee” at their level to decide the matter, which is unnecessary, uncalled for and often seen as a delaying tactic to avoid conclusion of departmental enquiries in accordance with the rules.
“Processing RDA cases in a timely manner is essential for good governance and a serious view will be taken on any delay even while processing cases. All the departments should ensure that the guidelines/instructions are implemented in letter and spirit”, the GAD had mentioned in the circular.
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