Excelsior Correspondent
JAMMU, July 12: Division Bench of the State High Court comprising First Puisne Judge Justice Ramalingam Sudhakar and Justice B S Walia today issued notices to the Chief Secretary and Commissioner Secretary, General Administration Department to file response to the Miscellaneous Petition seeking forwarding of two FIRs to the Department of Personnel and Training, Government of India for obtaining the prosecution sanction in respect of two IAS officers.
These IAS officers are Sudhanshu Pandey, the then Divisional Commissioner Jammu (presently Joint Secretary, Union Ministry of Commerce) and Hirdesh Kumar Singh, the then Deputy Commissioner Jammu (presently Commissioner/ Secretary, Housing and Urban Development Department).
When the PIL highlighting encroachment of State land and infamous Roshini land scam came up for hearing, Advocate S S Ahmed appearing for the petitioner drew the attention of the court to Miscellaneous Petition particularly the information received under RTI from the PIO, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, Govt. of India vide No.142/5/2016-AVD (I/C) dated June, 7, 2016.
Vide this communication the DoPT has disclosed that it has not received any proposal of sanction for prosecution against IAS officers of J&K Cadre namely Sudhanshu Pandey and Hirdesh Kumar Singh in FIR No.06/2014 and FIR No.15/2014 registered by Vigilance Organization Jammu, from Government of J&K under Prevention of Corruption Act.
Advocate Ahmed further submitted that State Government is all out to shield the high profile IAS officers. He also referred to the status report filed by IGP of Vigilance Organization wherein it has been disclosed that after completion of investigation as proved the SVO vide No.VO-FIR-15/2014-J-4905-06 dated April, 1, 2015 sought sanction for prosecution from GAD against Hirdesh Kumar Singh and other serving officers.
He further stated that vide communication No.SVO-FIR-06/2014-J-20657-58 dated December, 31, 2015 the SVO also sought sanction from GAD in respect of Sudhanshu Pandey and Hirdesh Kumar Singh in case FIR No.15/2014 and other serving officers.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Suraj Singh and Supriya Singh Chouhan appearing for the PIL whereas Senior AAG Seema Khajooria Shekhar, Senior AAG S S Nanda, Senior Advocate B S Salathia with Advocate Monika Sumbria and Senior Advocate Sunil Sethi with Advocate Veenu Gupta, the Division Bench, in the open court, issued notices to the Chief Secretary and Commissioner/Secretary, General Administration Department which were accepted by Senior AAG S S Nanda and Senior AAG Seema Khajooria Shekhar.
Advocate Monika Sumbria accepted notice on behalf of Hirdesh Kumar Singh, who was impleaded as party respondent by the Division Bench in an application moved by him.
Division Bench also took cognizance of an application filed by the petitioner seeking directions to Commissioner/Secretary, Revenue Department, Divisional Commissioner, Jammu and Deputy Commissioner, Jammu to produce before the court the report of Joint Commission constituted vide Order No.901/CC/Jammu/730-34 dated September 17, 2015 read with order No.901/CC/Jammu/752-56 dated September 23, 2015 with regard to the encroachment of State/Nazool Land in Khasra Nos. 301, 302 and 303 situated at village Jammu Khas near Village Nandni adjoining to Fourth Bridge, Jammu.
After considering the submissions of Advocate S S Ahmed, DB issued notices to the Commissioner/ Secretary Revenue Department, Divisional Commissioner Jammu and Deputy Commissioner Jammu requiring them to file their response before the next date of hearing.
Division Bench also allowed Miscellaneous Petitions moved by Hirdesh Kumar Singh, Commissioner/Secretary Housing and Urban Development Department and one Sanjay Mahajan, son of Om Parkash Mahajan, resident of Channi Himmat Jammu (Secretary S M Iqbal College of Education, Rangreth Gogo, District Budgam) seeking their impleadment as party respondents in the Public Interest Litigation.
The Division Bench directed the Registry to list this PIL in first week of August.
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