SAC directs CS to take action, submit ATR before July 26

*Says default to result into initiation of regular enquiry

Mohinder Verma
JAMMU, June 12: Taking serious note of multiple allotment of Government accommodation to the Members of Legislative Assembly (MLAs) and Members of Legislative Council (MLCs) and subsequent huge financial burden on the State exchequer, the State Accountability Commission (SAC) has directed the Chief Secretary to take requisite action and submit Action Taken Report (ATR) by or before July 26, 2017 failing which Commission would be constrained to initiate regular enquiry under the provisions of Jammu and Kashmir State Accountability Commission Act.
The practice of allotment of multiple Government accommodation to the legislators was detected by the Comptroller and Auditor General (CAG) of India in its report tabled in the State Legislature on June 29, 2016. It was pointed out in the report that Estates Department had made avoidable extra expenditure of nearly Rs 33 crore due to non-adherence to norms and large number of legislators had been allotted Government accommodation despite occupying flats in the MLAs’ Hostel.
“Non-adherence to prescribed allotment norms or policy for accommodation in private hired hotels resulted in avoidable extra-expenditure to the tune of Rs 19.02 crore during the period 2010-11 to 2014-15. Also, non-eviction of unauthorized occupants resulted in avoidable expenditure of Rs 13.95 crore for hiring of private hotels and houses”, the CAG had stated.
It was specifically mentioned that 55 legislators, including Ministers who have been allotted Government accommodation by the Estates Department at Jammu and Srinagar cities, were occupying accommodation at MLAs Hostels at Jammu and Srinagar provided by the Legislative Assembly Secretariat in sheer violation of a Government order which prohibits dual allotment of accommodation to members of Legislature either at Srinagar or at Jammu or at both places.
However, neither there was any action from the Government nor from the State Legislature on the findings of the supreme audit institution of India and in the absence of any explicit directions from the Government the Estates Department was feeling ‘helpless’.
In the meanwhile, the State Accountability Commission (SAC) took suo-moto cognizance of the CAG report whereby legislators were found violators of the rules instead of upholding the same.
Vide Order dated March 8, 2017, Director Estates was directed to furnish information regarding MLAs/MLCs occupying Estates house at Jammu and Srinagar while retaining possession of rooms in MLAs hostels of Jammu and Srinagar also. Accordingly, Director Estates in consultation with Deputy Secretary of the Legislative Assembly furnished a list of 44 MLAs and 18 MLCs, who are currently in occupation of official accommodation at Srinagar and Jammu and holding rooms in MLAs hostels of Jammu and Srinagar also.
The Full Commission comprising Justice B A Khan (Chairperson) and Justice J P Singh and Justice B A Kirmani (Members), which met few days back at Srinagar, deeply analyzed the report of Director Estates and observed, “except few MLAs and MLCs, who hold single accommodation at Jammu and Srinagar most of the rest in the lists hold either 2+2 accommodation at Srinagar and Jammu while others hold 2+1 being only a step behind their other colleagues”.
“On the face of it, the situation obtaining appears to be erroneous for want of justification for such lavish allotments to the representatives of people who are required to be role models of austere living-at least in theory”, the SAC said.
“The situation therefore constitutes a fit case for taking cognizance under the Accountability Commission Act but before doing so in view of the number of Legislators involved we deem it apt to recommend rectification/remedial measures by Government itself to restrict the allotment of accommodation to MLAs and MLAs strictly within the norms and parameters governing such allotments, if required cancellation of excessive allotments”, reads the order, the copies of which have been managed by EXCELSIOR from the Estates Department and the office of Chief Secretary.
“Needless to say that Government annually pays huge amount by way of rent for private houses acquired to accommodate entitled persons causing considerable strain on exchequer of the State which as officially acknowledged from time to time already suffers a perpetual financial crunch”, the SAC said, adding “we hope and expect that requisite action would be undertaken by the Chief Secretary under intimation to the Commission by or before July 26, 2017 when the matter would again come up for consideration and orders”.
“It hardly requires to be said that default in doing the needful would result in initiation of a regular enquiry under the Act”, read the SAC order.