*DB scolds GAD Secy over concealing of vital details
Mohinder Verma
JAMMU, May 13: In Jammu and Kashmir, the officers facing corruption charges are superannuating honorably mainly because the enquiries instituted against them are intentionally prolonged to hush up the wrongdoings and allow the accused public servants to go scot-free. Moreover, the top brass of the several departments are also concealing the names and posting details of erring officers till they attain the age of retirement from the Government services.
All this came to the fore during the perusal of General Administration Department’s status report in the much publicized Public Interest Litigation (PIL) titled Sheikh Mohammad Shafi and Another versus Union of India and Others by the Division Bench of State High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal.
Expressing anguish over the practice of concealing more and revealing less, the Division Bench today scolded the Secretary of General Administration Department and gave him time till first week of July for filing comprehensive status report about pending departmental enquiries strictly as per the information sought by the court.
The status report, the copy of which is available with EXCELSIOR, clearly reveals that several officers, who were facing enquiries for making backdoor and illegal appointments in the Jammu Development Authority, Urban Local Bodies Department and granted building permission by violating the norms of Jammu Municipal Corporation, have superannuated from the Government services but enquiries have yet not been completed by the Housing and Urban Development Depar-tment.
These superannuated officers are S C Sawhney, the then Municipal Commissioner Jammu, Faqir Chand Bhagat, the then Director Urban Local Bodies and G A Qureshi, the then Vice-Chairman, Jammu Development Authority. The enquiries against these officers were initiated in 2010, 2011 and 2012 but have not reached the logical conclusion till date. Not only these, there is a long list of officers, who have retired honorably while facing prolonged enquiries.
The status report further reveals that several departments are reluctant to furnish names and posting details of officers and officials, who are facing charges of tampering of revenue records, misuse of official position, illegal transfer of Government land, wrongly conducting settlement operation and making wrong records and drawal of lakhs of rupees against non-existing works etc.
Not only other departments even the General Administration Department has adopted the practice of concealing the important details from the High Court. This is evident from the status report in which the GAD has not furnished the present place of posting of a KAS officer Mohammad Matloob Khan. It is shocking that GAD, which is a controlling authority for KAS cadre, is unaware of posting of an officer.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmad, while pointing towards vague status report, said that the General Administration Department has itself expressed inability to furnish details due to non-cooperation from the concerned departments. “These enquiries are intentionally delayed in order to bury the wrongdoings and to facilitate the accused officers and officials to superannuate without being punished”, he added.
“Instead of placing these officers under suspension during their service period, the concerned departments allowed them to work on prized postings till they attained the age of superannuation”, Advocate Ahmad further said, adding “former Chief Justice M M Kumar, while chairing the Division Bench, had rightly pointed out that Government is interested in concealing more and revealing less about these departmental enquiries”.
He pointed out that S C Sawhney instead of being punished during the service period, was re-employed as Project Director Sarv Shiksha Abhiyan after his honorable superannuation from the Government service.
After hearing the counsel for the PIL and perusal of status report, Division Bench, in the open court, expressed anguish and displeasure over the concealing of vital information by various departments and failure of GAD to extract details from them. The DB observed that there was no mention of names and present place of posting of many officers facing corruption charges and at what stage these departmental enquiries are.
While scolding the General Administration Department Secretary, the DB, in the open court, directed him to furnish comprehensive status report indicating names and present place of posting of all the officers and officials facing the enquiries, at what stage these enquiries are and why erring officers were allowed to superannuate without being punished. The GAD Secretary, as per the direction of the DB, shall furnish the comprehensive status report before the first week of July.
He has also been directed to apprise the Division Bench about the rules in vogue to deal with the officers, who are facing various charges but have retired from the Government services. Justice Masoodi, in the open court, said that as per the latest judgment of Supreme Court, disciplinary proceedings can go on against officers even after their retirement from Government service.
About the appointment of Chairperson and Members of Jammu and Kashmir State Accountability Commission, Senior Additional Advocate General, Seema Shekhar drew the attention of the Division Bench towards the status report of Law Department and said, “J&K State Accountability Commission Act was recently amended by the State Legislature and efforts are on to appoint Chairperson and Members”.
About rules of recruitment for the officers of the State Accountability Commission, it was brought to the notice of DB by Senior AAG that the draft rules are awaiting approval from the Chief Minister. She assured the Division Bench that the final rules will be placed before the adjourned date of hearing.
While parting with the matter, the Division Bench also directed Director State Vigilance Organization to submit latest status of investigation into the FIR registered by the Vigilance Organization Jammu against Prof Hemla Aggarwal, the then Principal SPMR College of Commerce Jammu and presently Principal Government College for Women, Parade.
Follow our WhatsApp channel