Excelsior Correspondent
JAMMU, Oct 26: Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar today directed Commissioner Secretary General Administration Department to appoint a senior IAS officer as Enquiry Officer to hold a Regular Departmental Enquiry against Mohammad Javed Khan, the then Chief Executive Officer, Rajouri Development Authority and presently Excise Commissioner J&K.
The Division Bench further directed that the officer to be nominated must be senior to Mohammad Javed Khan in IAS cadre and the exercise shall be completed within a period of three weeks.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the PIL whereas Senior AAG Seema Khajooria Shekhar for the GAD, the Division Bench observed, in the open court, “since Mohammad Javed Khan has been inducted into IAS as such Tourism Department cannot hold an enquiry against the IAS officer and accordingly we direct the General Administration Department to nominate a senior IAS officer to hold the enquiry against the delinquent officer Mohammad Javed Khan”.
Earlier, Advocate Ahmed invited the attention of the Division Bench towards the latest status report filed by GAD wherein it has been stated that the GAD has initiated the process for holding enquiry and in this regard, a proposal has been submitted to the competent authority for approving appointment of some senior IAS officer as enquiry officer to hold a Regular Departmental Enquiry against Mohammad Javed Khan.
“All out attempt is being made to shield the delinquent IAS officer and Chief Minister, who is also Minister Incharge Tourism has directed that the Tourism Department should complete the Regular Departmental Action/enquiry in the first instance”, Advocate Ahmed said.
He also drew the attention of the DB towards order dated May 17, 2017 where GAD was directed to conclude the departmental enquiry against Mohammad Javed Khan within a period of 4 months. “The DB on October 4, 2017 had expressed displeasure against the conduct of Commissioner Secretary Tourism Department for not cooperating with the GAD and for not furnishing comments over the response filed by delinquent officer Mohammad Javed Khan”, he added.
“When departmental enquiry was already pending, there was no need for holding fresh enquiry through Tourism Department particularly when the delinquent officer is an IAS officer”, Advocate Ahmed said.
On this, Senior AAG Seema Khajooria Shekhar submitted that earlier enquiry was a preliminary enquiry and now the Government has decided to hold a Regular Departmental Enquiry against the delinquent IAS officer.
“In view of the decision to hold Regular Departmental Enquiry against the delinquent IAS officer, he is required to be shifted from the post of Excise Commissioner to a non-sensitive post in view of the law laid down by the Apex Court in case titled Union of India V/s K V Jankiraman wherein the Apex Court has ruled that the persons facing serious allegations of corruption/abuse of official position should not be allowed to occupy public dealing posts”, Advocate Ahmed submitted, adding “a very wrong signal is going to the public at large when tainted officers like incumbent Excise Commissioner are posted at sensitive positions”.
Looking into the importance of the matter, the Division Bench directed the Registry to list this matter after three weeks.
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