*3 public functionaries exonerated in past one & half year
Mohinder Verma
JAMMU, Mar 25: Shocking it may sound but it is a fact that State Accountability Commission (SAC) is flouting the provisions of the Act whereby it was established to enquire into allegations against public functionaries by keeping the Governor in dark about the complaints dismissed by it during the past nearly one and half year.
This Commission was established under Jammu and Kashmir Accountability Commission Act, 2002 and Section 12 which deals with preliminary scrutiny of complaints explicitly states: “If the Accountability Commission is satisfied, after considering a complaint and after making such verification as it deems appropriate that the complaint is manifestly false and vexatious, the Commission shall dismiss the complaint after recording its reasons and communicate the same to the complainant as well as to the competent authority”.
As per the definitions contained in Act, the competent authority with regard to the public functionaries is the Governor of the State, who is also the appointing authority of Chairperson and Members of the Accountability Commission and issues orders in this regard under his hand and seal.
However, Section 12 of the Act is being observed in breech by the Commission as it has dismissed several complaints against the public functionaries since its reconstitution on October 1, 2015 but details of none of them have been communicated to the competent authority (Governor), sources in Raj Bhawan told EXCELSIOR while expressing serious concern over such a practice being adopted by a Commission which is comprised of none else than former Chief Justice/Judges of the High Court.
According to the sources, Raj Bhawan has come to know that Commission has dismissed complaints against the then Minister for Consumer Affairs and Public Distribution Ch Ramzan, the then Deputy Chief Minister and Chairman of the Khadi Village Industries Board and former Minister and sitting Legislator but information of these cases has not been furnished to the Governor till date.
As per the information gathered by EXCELSIOR, the complaint against former CAPD Minister Ch Ramzan was that he had ordered 100% grinding of wheat before being supplied to the rationees by changing the earlier provision of 50% grinding in order to benefit some millers and obtain pecuniary benefits out of this decision.
However, during the course of verification and on the scrutiny of the record made available to it, the Accountability Commission found the complaint as baseless and accordingly the same was dismissed. It was observed by the Commission that decision vis-à-vis 100% grinding of wheat was taken keeping in view the difficulties of rationees in remotest corners of the State where grinding facility was not available. Moreover, decision was based on the fact that shelf life of wheat is very less as compared to flour.
Similarly, complaint against former Deputy Chief Minister and others vis-à-vis contractual appointments in Khadi Village Industries Board was dismissed after it was submitted that there was no violation of Staff Regulations of SRO 255 and the Chairman of the Board was competent authority to make contractual appointments in Class IV, which were subsequently regularized on the recommendations of Selection Committee, sources informed.
Even recently a final decision was taken by the Commission in a complaint involving a former Minister and sitting legislator but the details of the same were neither made public nor shared with Governor although the exonerated legislator is beating the drums of being given clean chit by the State Accountability Commission.
It is a matter of serious concern that while the Accountability Commission furnished details of its cases to the Government for sharing with the Legislative Assembly in response to the question of a Legislator during the Budget Session concluded in the month of February this year, it is not ready to keep the Governor-competent as well as appointing authority update about complaints dismissed by it so far.
“The Raj Bhawan is likely to issue communiqué to the SAC regarding non-furnishing of information about the dismissed complaints in the coming days as allowing prevailing situation to continue will amount to shutting eyes towards blatant violation of provisions of J&K Accountability Commission Act”, sources said.
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