Excelsior Correspondent
JAMMU, Nov 17: In the much publicized Rajouri Development Authority scam, Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Sanjeev Kumar today directed General Administration Department (GAD) to conclude the regular departmental enquiry against delinquent IAS officer Mohammad Javed Khan, the then Chief Executive Officer, Rajouri Development Authority and presently Excise Commissioner within four months from today.
The Division Bench also remarked in the open court to Advocate Sheikh Shakeel Ahmed appearing for the petitioner to file a proper application seeking shifting of delinquent IAS officer to some non-sensitive post owing to the pendency of the departmental enquiry.
When the PIL highlighting hushing up of Rajouri Development Authority scam came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner submitted that pursuant to the last order dated October 26, 2017 the General Administration Department has filed the updated status report wherein it has been disclosed that the case of delinquent IAS officer Mohammad Javed Khan has been examined in light of All India Services (Discipline and Appeal) Rules, 1969 and based upon such examination, a memorandum containing Articles of Charges, in respect of which the enquiry is proposed to be held and statement of imputations in support of the charges, has been served upon delinquent officer vide Communication No.GAD (Ser) IAS/ 104/2014 dated 27-10-2017 for submitting a written statement of defense within 21 days.
“Since Articles of Charges has been served upon the delinquent IAS officer and Regular Departmental Enquiry has commenced as such Mohammad Javed Khan is required to be shifted from the coveted post of Excise Commissioner to a non-sensitive post in view of law laid down by the Apex Court in case titled Centre for Public Interest Litigation & Anr V/s Union of India & Anr”, Advocate Ahmed said.
On the other hand, Senior AAG Seema Khajooria Shekhar appearing for GAD resisted the arguments of Advocate Ahmed and submitted that there was no proper motion on behalf of the petitioner seeking shifting of the delinquent IAS officer from the post of Excise Commissioner.
Advocate Ahmed reverting to the reply of Senior AAG submitted that the instant petition is a Public Interest Litigation (PIL) and the Division Bench can take cognizance even on the oral submissions advanced at the bar in view of the legal position settled by the Supreme Court.
After considering the submissions from both the sides, the DB remarked in the open court while pointing out towards Advocate Sheikh Shakeel Ahmed to file a proper application in the PIL on the basis of the judgment referred today. The DB also put a query to Senior AAG Seema Khajooria Shekhar as to how much time GAD will take for finalization of the departmental enquiry against the delinquent IAS officer and the senior AAG submitted that four months time will be sufficient for concluding the enquiry.
After considering the submissions of both the sides, the Division Bench directed General Administration Department to conclude the Regular Departmental Enquiry against delinquent IAS officer preferably within four months from today.
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