*Finance, Planning, Revenue, Housing yet to respond
Mohinder Verma
JAMMU, Feb 23: After being reprimanded by the High Court and warned of personal appearance, nine Administrative Secretaries have submitted status of the pending enquiries of their respective departments while as four key departments-Finance, Planning and Development, Revenue and Housing and Urban Development Department have yet not complied with the directives and those at the helm of affairs in these departments may once again face major embarrassment in the High Court tomorrow.
However, the status reports of nine Administrative Secretaries, the copies of which are available with EXCELSIOR, don’t indicate any notable progress towards punishing the erring officers and officials strictly as per the law. From the perusal of these reports, it can be easily gauged that concern expressed by the High Court from time to time in the ongoing Public Interest Litigation titled Sheikh Mohammad Shafi and Prof S K Bhalla Versus State and Others has not been taken seriously.
Several cases involving serious allegations of embezzlement of funds worth crores of rupees and huge loss to the State exchequer and blatant violation of laid down guidelines and rules have been closed by the departments thereby allowing the involved officers to go scot-free. In many other cases, only minor penalties have been imposed and subsequently the accused officers have been reinstated.
These status reports also indicate that majority of the erring officers and officials have remained unpunished because of dilly-dallying approach on completion of departmental enquiries. Moreover, large number of them are enjoying prime postings instead of being posted on lesser important posts in the light of observations made by the State High Court from time to time in the ongoing PIL.
The departments which have responded to the directives issued by the Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan on February 10, are Public Works, Higher Education, Social Welfare, Consumer Affairs and Public Distribution, Agriculture Production, Industries and Commerce, Irrigation and Flood Control, School Education and Technical Education/Youth Services and Sports.
The Public Works Department, which has highest number of 24 pending departmental enquiries, has submitted that nine cases have been closed while as article of charges/statement of imputation and other required documents are awaited from the Vigilance Organization and other departments. The enquiry report is awaited in respect of five cases while as charge-sheet reply is awaited in respect of two cases. Two complaints have been taken up with PMGSY/JKPCC authorities.
Interestingly, nine cases which have been closed were pertaining to loss to the State exchequer to the tune of Rs one crore, fraudulent tenders and embezzlement in procurement stores, mis-appropriation of Government money, use of substandard material in construction of community centre, drawl of excess payment in construction of road and against already executed works.
The status report clearly indicates that all those officers, who have been facing departmental enquiries are holding prime positions, which otherwise is in contravention of numerous directives issued by the State High Court.
The status report of the Higher Education Department clearly reveals that none of the officer facing allegations of payment of excessive rate in purchase and installation of Wi-Fi, purchase and installation of Wi-Fi at Government SPMR College of Commerce, issuing of tenders to some favorites for purchase of sports items for Government Degree College Doda and purchase of furniture and other items for Government Degree College Kupwara in violation of laid down procedure has been punished till date.
Out of six cases, one has been closed on the basis of the action taken report submitted by the Dean College Development, University of Kashmir into excess admissions over and above the intake capacity during the year 2010. In other cases, the officers of Higher Education Department have tried to absolve themselves of delay in initiating action by stating that committees have been framed either to examine the reply vis-à-vis allegations or to examine the report of Inquiry Officer.
The officers involved in these cases include Prof Nutan Kumar (Principal GDC Jindrah), Hemla Aggarwal (Principal Government Degree College Reasi), Satpal Sharma (Incharge Principal, GDC Akhnoor, Zaheer Abbas, Incharge Principal GDC Bhaderwah, Dr Veer Jee, Assistant Professor Botany in GGM Science College, Javaid Iqbal Tramboo, Assistant Professor (Economics), GDC Doda, Dr Aijaz Ahmed, Assistant Professor (Zoology), GDC Doda and Sarita Parihar, Assistant Professor (Physics), GDC Boys Udhampur.
The Agriculture Production Department has submitted that six cases were sent to it for departmental enquiries out of which two cases involving K K Sharma, Director Floriculture Jammu and Dr G S Naqash were found to be pertaining to Floriculture Department as such were referred to the concerned authorities.
Out of remaining four cases, two cases involving Mohammad Shaban Kutto, the then Chief Agriculture Officer and District Agriculture Officer Budgam and officers/officials of Agriculture Production Department were closed as per the decision taken in a meeting chaired by Commissioner/ Secretary General Administration Department in June last year.
About two other cases, the Agriculture Production Department said that though departmental enquiry has been initiated against Nissar Ahmad Sheikh, SDAO Bhaderwah and others, the same could not be taken to logical conclusion because of misplacement of the file. As far as case involving Brijeshwar Singh, Junior Scientist at SKUAST-J is concerned, the matter has been time and again taken up with SKUAST but response from the University is still awaited.
The Consumer Affairs and Public Distribution Department has submitted that out of four cases referred by the General Administration Department, three cases have been closed after making necessary recoveries from the erring officials while as report of inquiry officer is awaited in respect of fourth cases.
As far as School Education Department is concerned, out of six cases the inquiries in respect of five cases are yet to be concluded despite the fact that these were initiated during the period between 2010 and 2012. The allegations against the officers and officials include violation of rules in engagement of ReT teachers and indulgence in corrupt practices, submission of wrong feasibility report with regard to opening of school, allotment of construction works to favorite persons and use of sub-standard material in construction of buildings, misappropriation of huge amount for providing mid-day meals and drawl of Government money on fictitious bills.
One case pertaining to purchase of furniture on the basis of quotations only and throwing directives with regard to floating of tenders into winds has been closed. Shockingly, officers in two cases facing severe allegations have been posted as Zonal Education Officers. In respect of five cases, the School Education Department has simply stated in the status report: “Matter is being pursued vigorously and shall be decided on merits”.
The Department of Technical Education/Youth Services and Sports has submitted that out of three departmental enquiries, one has been closed while as another enquiry involving Shamim Leharwal, the then Director General, Youth Services and Sports, was recommended to General Administration Department in the month of March 2015 for closing the case on the basis of findings of the Enquiry Officer. As far as third enquiry is concerned, the status report, said that recovery has been affected from the erring officer and in view of the recommendation of the General Administration Department, the file has been processed and is under submission for further necessary action.
The Social Welfare Department, in its status report, has mentioned that four cases were enlisted by the General Administration Department (Vigilance Wing). While one case has been closed on the basis of enquiry report wherein officer was not found involved for misappropriation of scholarship, another case has been forwarded to GAD for necessary action.
In the third case, the General Administration Department has been requested to institute departmental action against Itrat Hussain as the officer is the member of Kashmir Administrative Service. Similarly, the officer involved in fourth case belongs to Department of Law, Justice and Parliamentary Affairs as such case has been referred to the Law Department for necessary action.
The Department of PHE, Irrigation and Flood Control has submitted that out of total nine cases, penalty has been imposed in three cases on the basis of enquiry report while as enquiry report is awaited in respect of three cases. As far as three other cases are concerned, nothing specific has been mentioned in the status report.
The Department of Industries and Commerce has submitted that only two cases were forwarded to it. While one was pertaining to Directorate of Handloom Development Department, another was belonging to Khadi and Village Industries Board.
“As per the reports received from KVIB, the margin money sanctioned in favour of the beneficiaries was cancelled by the Board and officers/officials, who were suspended, were reinstated and accordingly the case was closed”, the status report said, adding “no progress could be made in respect of second case in view of High Court order whereby operation of the enquiry report of SVO was stayed”.
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