* No compliance to HC order on examining individual cases
Mohinder Verma
JAMMU, Sept 25: Notwithstanding the fact that several former legislators and other political persons have been retaining Government accommodation in blatant violation of rules and framework approved by the State Administrative Council headed by Governor, a Government panel constituted to examine the issue has failed to come up with recommendations despite the lapse of nearly two years. Moreover, there is no compliance to the High Court directive on examining the individual cases on the basis of threat perception.
Official sources told EXCELSIOR that when the Estates Department, as per the provisions of the law, initiated eviction proceedings against the former legislators who have occupied the Estates accommodation in different parts of Jammu some of them challenged the action by filing writ petitions before the High Court.
The High Court clubbed all these writ petitions with the leading case titled Ajay Kumar Sadhotra Versus State and other bearing OWP No.372/2015 as the ground behind non-vacation of Estates accommodation by the petitioners (former legislators) was almost common. Finally, the High Court disposed off the cases vide judgment dated September 24, 2015 with the direction to the Estates Department to consider the cases of former legislators in the light of threat perception.
Accordingly, the office of Deputy Director Estates Jammu forwarded the judgment to the higher authorities vide Letter No.DDE/J/5041 dated September 28, 2015 for listing before the Designated Committee constituted by the Government. However, there was no action on the part of this Designated Committee and issue of retention of Estates accommodation by the former legislators remained undecided.
In the meanwhile, State Administrative Council vide its Decision No.45/6/2016 dated March 28, 2016 prepared Standard Operating Procedure/framework for withdrawal of various facilities provided to the constitutional dignitaries and others. The SOP was notified by the then Financial Commissioner Estates Department B B Vyas vide Government Order No.35-Est of 2016 dated March 31, 2016.
It was specifically mentioned in the SOP/framework that allotment of Government accommodation in respect of former legislators and other political persons shall be made by the Government on the recommendations of the Designated Committee comprising of ADG (Security), Deputy Commissioners of Srinagar and Jammu, SSP Security Srinagar and Jammu and Director Estates J&K.
“The allotments in respect of the ex-legislators and other political persons shall be reviewed by the committee for making suitable recommendations for continuation or otherwise of such allotments”, read the SOP, the copy of which is available with EXCELSIOR.
However, the Designated Committee has again failed to come up with recommendations to the Government despite lapse of nearly two years, official sources told EXCELSIOR, adding “though the committee has held deliberations on the issue in some of its meetings but the recommendations have yet not been finalized”.
When contacted, Director Estates Tasaduq Jeelani confirmed that Designated Committee has yet not made any recommendation to the Government vis-a-vis retention of Estates accommodation by the former legislators and other political persons. “Hopefully, the committee will complete the assigned task shortly”, he immediately added.
Even Deputy Director Estates Jammu Satish Kumar Sharma, in reply to an application moved under Right to Information Act, has said: “All the cases of political persons have been brought under the purview of the Designated Committee, which is examining the same. Action shall be taken as and when recommendations are forwarded to this office”.
“Some similar cases are pending for final disposal before the High Court and these are Sheikh Mohd Rafi Versus State, Ghulam Mohi-ud-Din Versus State, Yogesh Sawhney Versus State, Dr Manohar Lal Versus State, Ch Gharu Ram Versus State, Ashok Kumar Sharma Versus State, Jehangir Ahmed Mir Versus State and Ravinder Kumar Sharma Versus State”, further read the reply of Deputy Director Estates Jammu, who is also Public Information Officer.
“All this indicates that neither the SOP/framework approved by the Governor nor the directions of the High Court have been complied with by the concerned authorities”, sources regretted.
“How can the former legislators justify retention of Government accommodation in different parts of Jammu on security reasons when winter capital is a peace zone”, sources asked, adding “there are a number of former legislators who are virtually retaining the Government accommodation on highly unjustifiable ground”.
Quoting some examples, sources said, “a former legislator has retained the Government accommodation in Jammu during the past several years despite having own house in the outskirts, which he has rented out to a department of Central Government”. Similarly, a former legislator has retained Estates accommodation in Gandhi Nagar despite having own house in the same area.
Likewise, a former legislator has retained Government accommodation in Gandhi Nagar area despite having his own house in the immediate periphery of Jammu city, sources further informed and hoped that the Designated Committee will immediately complete the assigned task and make necessary recommendations to the Government so that violation of law by the former law makers is put to an end.
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