Excelsior Correspondent
JAMMU, Mar 2: Division Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the General Administration Department through Advocate General D C Raina and Senior AAG Seema Shekher Khajooria to file the latest status of the Regular Departmental Action (RDA) recommended by the State Vigilance Organization (SVO) in two verifications pertaining to Rajouri Development Authority scam.
The State Vigilance Organization Vide Verifications No.VO-Veri-PR-13/2009-9835-36 dated July 3, 2015 and VO-Veri-PR-31/2009-8497-98 dated June 10, 2015 had recommended Regular Departmental Action (RDA) against the suspect public servants namely Mohd Javed Khan, the then Chief Executive Officer, Khushal Chand, the then Executive Engineer, Devi Dass Heer, the then Executive Engineer and Gurcharan Singh, the then Junior Engineer in Rajouri Development Authority.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the petitioner Prof S K Bhalla, Advocate General D C Raina with Senior AAG Seema Shekher Khajooria appearing for GAD, AAG P C Sharma appearing for SVO, senior advocate Sunil Sethi with Advocates Gagan Basotra and Veenu Gupta appearing for Mohd Javed Khan, the Division Bench, in the open court, allowed time to AAG P C Sharma and Senior Advocate Sunil Sethi to file response to the fresh application filed by the petitioner seeking setting aside of communication No.VO-Veri-PR-13/2009-9835-36 dated July 3, 2015 whereby according to the petitioner the SVO converted a case of criminal misconduct into Regular Departmental Action when loss to the State exchequer was established by VOJ to the tune of Rs 1,93,915.
When this matter came up for hearing today, heated arguments were advanced from both the sides. Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that he has filed a fresh application wherein he has placed on record a copy of communication No. VO-Veri-PR-13/2009-9835-36 dated July 3, 2015 whereby the State Vigilance Organization despite detecting a loss of Rs 1,93,915 to the State Exchequer did not lodge the FIR and recommended Departmental Action against the suspect public servants.
He further submitted that even there was no head way in the Departmental Action as neither no charge sheet till date has been served nor Enquiry Officer appointed by the Government in this matter.
On the other hand, Senior Advocate Sunil Sethi with Advocate Veenu Gupta appearing for Mohd Javed Khan, the then CEO, Rajouri Development Authority, submitted that media trial is going on in this case and the petitioner is selectively targeting some people for reasons best known to him. He further submitted that the constant reporting of the matter in the press has adversely affected the reputation of his client, adding “where the petitioner is getting the confidential information of the Government files is not known”.
Senior Advocate Sunil Sethi further submitted that the petitioner has filed number of petitions targeting people who are occupying responsible positions in the present setup. He further submitted that there should be restraint on reporting of this matter as the PIL has not been decided yet but the continuous reporting is affecting the service career of his client.
Advocate Gagan Basotra appearing for Mohd Javed Khan also supported the submissions of Senior Advocate Sunil Sethi and submitted that reporting in the instant PIL should be banned.
At this stage, Advocate Ahmed strongly resisted the arguments of Senior Advocate Sunil Sethi and submitted that the petitioner receives the inputs through RTI Act and has exposed various scams involving high-ups. With regard to reporting of the matter in the media, he submitted that people of the State have a right to know and this right has been recognized as a fundamental right.
Advocate Ahmed further submitted that in the Apex Court there is a Press Gallery and even the oral observations of the Judges are reported in electronic/print media.
AAG P C Sharma appearing for SVO submitted that he should be given some time to respond to the fresh application filed by the petitioner. Senior Advocate Sunil Sethi with Advocate Veenu Gupta also sought time to file objections to the main petition as well as to the fresh application.
After hearing both the sides at length, the Division Bench directed Advocate General D C Raina and Senior AAG Seema Shekher Khajooria appearing for General Administration Department to file the latest status of the Regular Departmental Action (RDA) recommended by the State Vigilance Organization (SVO) in two verifications. The Division Bench also allowed time to AAG P C Sharma and Senior Advocate Sunil Sethi with Advocate Veenu Gupta to file response to the fresh application filed by the petitioner.
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