Excelsior Correspondent
JAMMU, Aug 17: Treating the writ petition highlighting alleged hushing up of Rajouri Development Authority scam as Public Interest Litigation (PIL), Justice B S Walia today directed the Registry to place the matter before the Division Bench of the High Court in the next regular cause list.
When the writ petition came up for hearing, the petitioner Prof S K Bhalla, who was appearing in person, submitted that the writ petition highlights gross abuse of process of law by the officers of J&K State Vigilance Organization as an established case of bunglings/corruption in Rajouri Development Authority in which the then Director Vigilance had initially approved registration of formal case against the suspect public servants was converted arbitrarily into censure merely on oblique considerations just in order to shield the influential officers of Rajouri Development Authority.
Submitting that the SVO succumbed to the pressure generated by the suspect public servants, the petitioner prayed that the whole matter be monitored by this court till the same is finalized as the suspect public servants are highly influential and can derail the investigation.
He further submitted that one of the prime suspects in the scam is Mohammad Javed Khan (IAS), the then Chief Executive Officer, Rajouri Development Authority presently posted as Deputy Commissioner, Kishtwar and the names of other suspect public servants are also required to be made public and forwarded to the Chief Secretary of the State, who is heading the Committee for identifying deadwoods.
“The instant case is just a tip of the ice-berg about the unfair working of SVO as whenever a big fish is caught, the matters are buried either by recommending Regular Departmental Action (RDA) or censure and children of lesser God are booked for criminal prosecution”, the petitioner said.
After considering the submissions of Prof S K Bhalla, Justice Walia observed, “the instant petition involves element of public interest”. He referred Notification No.761 dated 19-10-2011 also called Writ Proceeding Rules, 1997 dealing with the procedure relating to “Writ Petition in Public Interest”.
Justice also referred Rule 24(3)(f) of the Writ Proceedings Rules, 1997 which speaks of gross abuse of process of law by those who under law have a duty to enforce or administer law. “The relief claimed in the instant petition is in public interest and the same is required to be heard by the Division Bench hearing Public Interest Litigations”, Justice Walia said and directed the Registry to list this petition as PIL before the Division Bench of the State High Court in the next regular cause list.
It is pertinent to mention here that on August 10, 2015 EXCELSIOR exclusively carried a news-item mentioning that despite establishment of charges, officers, who had executed works worth lakhs without approval and tenders during their posting in the Rajouri Development Authority, have remained unpunished as State Vigilance Organization neither registered FIR nor recommended departmental action.
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