No taker of SC ruling on officers facing serious charges
Mohinder Verma
JAMMU, Sept 12: Despite numerous directions from the Division Bench of the State High Court, the Government is soft-paddling on completion of departmental enquiry against senior IAS officer, who is involved in the much-publicized Rajouri Development Authority (RDA) scam. Moreover, the officer is continuously enjoying one after another prime posting in blatant violation of Supreme Court’s landmark judgment, which debars holding of important posts by the officers facing corruption and other serious charges.
The Rajouri Development Authority scam came to the fore in the year 2009 when the State Vigilance Organization received a complaint highlighting execution of works worth lakhs of rupees in blatant violation of the laid down guidelines in order to confer undue benefit upon the contractors and obtain pecuniary benefits by the then CEO and other officers.
Following completion of verification into the complaint Vigilance Organization, while establishing irregularities, wrote to the General Administration Department on July 3, 2015 requesting for initiation of regular departmental action against the delinquent officer Mohammad Javed Khan, the then CEO Rajouri Development Authority and presently Excise Commissioner J&K.
This scam also became the subject matter of the ongoing Public Interest Litigation (PIL) on the issue of corruption in the State and following intervention from the Division Bench of the High Court the General Administration Department vide Communication No.GAD(Ser)/ IAS/ 104/2016 dated December 20, 2016 initiated Regular Departmental Action against Mohammad Javed Khan, who was then posted as Custodian General J&K.
Accordingly, Mohammad Javed Khan was directed to explain his position within 15 days positively failing which the action as warranted under rules shall be initiated against him. As there was no reply from the officer within the given time-frame, the General Administration Department vide Communication No. GAD(Ser)IAS/104/2016 dated January 19, 2017 sent a reminder to the officer with the mention that requisite reply shall be furnished immediately.
Much to the surprise of the General Administration Department, the officer again chose to ignore the reminder prompting the former to once again dash a Communication No. GAD (Ser) IAS/ 104/ 2014 dated January 30, 2017 expressing concern over inordinate delay in furnishing of reply. “The High Court has directed for filing of status report in the matter failing which adverse orders may be passed by the court as such you are requested to furnish the reply immediately”, the GAD conveyed to the IAS officer.
After repeated communications of the GAD, the IAS officer finally submitted his reply and after examining the same the file was submitted to the Tourism Department for appropriate action as Rajouri Development Authority comes under the administrative control of Tourism Department.
In its status report submitted in compliance to the order of the Division Bench of State High Court dated January 31, 2017, the General Administration Department submitted that the reply submitted by the IAS officer has been submitted to the competent authority for appropriate action, which was awaited. On the request of the Senior Additional Advocate General, the DB vide Order dated May 17, 2017 granted four months time to the General Administration Department for completion of departmental enquiry against the officer.
However, the Tourism Department has yet not paid any serious attention towards the repeated orders of the highest court of Jammu and Kashmir. “We have not received any communication from the Tourism Department till date”, said a senior officer of the General Administration Department when contacted by EXCELSIOR.
Expressing inability to specify the reasons behind inordinate delay on the part of Tourism Department, the officer said, “we have no option but to wait for the communication of Tourism Department as it is their domain to reach any conclusion following examining of all the aspects including the reply of the accused officer”.
“On one side the Tourism Department is delaying completion of departmental enquiry and on the other side the officer is continuously enjoying one after another prime posting”, sources said. During the pendency of case, Mohammad Javed Khan remained Deputy Commissioner Kishtwar and Custodian General J&K. Presently he is Excise Commissioner J&K, which is also considered as a prime posting.
This is notwithstanding the fact that Supreme Court in a case titled Centre for Public Interest Litigation Versus Union of India vide judgment dated October 6, 2005 had held: “A time has come when the postings of officers holding sensitive posts should be done in transparent manner giving no scope for any grievance”.
It is pertinent to mention here that on the basis of this judgment of the Supreme Court, Division Bench of State High Court yesterday ordered shifting of Secretary and Deputy General Manager J&K Housing Board from their present places of postings because of their involvement in Rs 27 crore worth J&K Housing Board scam. Even earlier the highest court of the State had passed such orders in respect of several officers.
“It is a matter of serious concern that on one side the Government is making tall claims about taking head-on the menace of corruption and on the other side departmental enquiry against a senior IAS officer is being dragged despite repeated orders from the High Court”, sources remarked.
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