Excelsior Correspondent
JAMMU, Nov 13: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today took serious note of the controversial appointment of Dr Nutan Resutra as Chairman of J&K Board of School Education and issued notice to Secretaries of General Administration and School Education Department to showcause as to why Dr Resutra be not asked to step down from the spot till he is cleared of departmental enquiries and corruption allegations.
When the Public Interest Litigation on the subject came up for hearing, Advocate Sheikh Shakeel Ahmad along with Advocate Suraj Singh appearing for the petitioner drew the attention of the Division Bench towards the order dated July, 8, 2014 where the DB had expressed grave concern over shielding of Prof N K Resutra, the then Principal GDC (Boys) Udhampur and Prof Hemla Aggarwal, Principal GDC Paloura by the Higher Education Department.
“In both the cases, there is unnecessary delay, which appears to be deliberate act. Is there a hidden hand, who wishes to shield these officers or there are justifiable reasons for the delay of 2/3 years in finalizing the reply to show cause notice”, the DB had stated in the order.
Advocate Ahmed submitted that pursuant to order dated July, 8, the General Administration Department filed a status report wherein it was categorically submitted that the Higher Education Department vide OM dated August, 4, 2014 intimated that preliminary enquiry into the matter has been conducted and the officer has been served show cause notice also.
“Further the case was referred to Commissioner of Inquiries for the purpose of conducting an enquiry into the charges of irregularities and misuse of local funds of Government Degree College, Rajouri against Prof Nutan Kumar Resutra. The Commissioner of Inquiries had to submit report within two months. However, the said report has not yet been received”, counsels for the petition said.
In the meantime, the State Vigilance Organization vide letter dated April, 2, 2014 intimated the General Administration Department/Higher Education Department to initiate regular departmental action against Dr N K Resutra for the payment of excessive rate in purchase and installation of WiFi and subsequently vide Govt. Order No.38-HE of 2014 dated July, 23, 2014 the case was withdrawn from the Commissioner of Inquiries and Director Colleges was appointed as Inquiry Officer to conduct an enquiry for the payment of excessive rate in purchase and installation of WiFi. The said enquiry officer was directed to submit its report within 15 days.
Advocate Ahmed vociferously argued that the enquiry report was yet to be received by the competent authority in the Government and without awaiting its outcome Dr Resutra was appointed as Chairman JKBOSE by throwing the law of the land to winds. He also referred the Judgment of the Apex Court in the case titled Dr Subramaniam Swami V/s Dr Manmohan Singh wherein the Apex Court held that persons facing allegations of corruption/involved in criminal cases/departmental inquiries should not be considered for positions involving huge responsibilities/public dealing post.
After considering the submissions of Advocate S S Ahmed and Senior AAG Gagan Basotra and expressing its displeasure over the appointment of Dr Resutra as Chairman, DB issued show cause notice to the Secretary GAD and Secretary School Education Department to explain as to why Dr N K Resutra be not asked to step down as Chairman J&K BOSE till he is cleared of the charges.
The Division Bench also issued notice to Dr Resutra after allowing his application for impleadment.
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