Mohinder Verma
JAMMU, Mar 13: In an interesting development, the State Government has moved Supreme Court of India against the order passed by the Division Bench of Jammu and Kashmir High Court regarding relieving of Deputy Commissioner Srinagar, Baseer Ahmad Khan and the Apex Court bench today issued notice to the respondents (petitioners in the State High Court) for filing response by or before March 18, which is the next date of hearing in the Special Leave Petition (SLP).
The Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Mansoor Ahmad Mir on March 4, 2013 had directed the State to relieve Deputy Commissioner Srinagar, Baseer Ahmad Khan, who is involved in the much publicized Gulmarg land scam and against whom an anonymous complaint was received by the office of Chief Justice, from his present place of posting on or before March 6, 2013 and post any suitable officer at his place.
Before March 6, the date fixed for relieving of IAS officer Baseer Ahmad Khan, the State Government filed an application through Sheikh Mushtaq Ahmad, Secretary to Government General Administration Department seeking two week’s time to take further action in the matter.
“As per Schedule Second Item 20 of J&K Government Business Rules, the proposals for posting of the District Development Commissioner-cum-Deputy Commissioner are to be placed before the Cabinet”, said the application moved by the State through Senior Additional Advocate General, Gagan Basotra, the copy of which is available with EXCELSIOR.
“A meeting of the Cabinet cannot be scheduled at such short notice in view of the engagement of all the Ministers with the legislative business”, the application said, adding “the respondents require some more time so that a meeting of the Cabinet is convened and the matter is placed before it as such two weeks time be granted to take further action in the matter”.
In the meantime, State Government filed Special Leave Petition in the Supreme Court challenging the order of the Division Bench on various grounds, sources said. The Special Leave Petition was listed before the Supreme Court today and the Apex Court bench after going through the contents of the SLP and hearing counsel for the J&K Government issued notice to the respondents (petitioners in the PIL before Division Bench of J&K High Court) namely Sheikh Mohd Shafi and Prof S K Bhalla seeking their response by or before March 18, 2013 when the SLP would be listed for hearing again.
The Division Bench’s order has been challenged on the ground that decision regarding transfer of officer of the rank of IAS has to be taken by the executive and not judiciary. “The order regarding relieving of IAS officer was passed on March 4 and its compliance was directed to be ensured within two days which is just impossible as the Deputy Commissioner can be transferred only by the Cabinet”, the SLP said, adding “at such a short notice Deputy Commissioner of a sensitive district cannot be transferred”.
The SLP further said, “the order of reliving has been passed on the basis of an anonymous complaint addressed to the Chief Justice that too without giving an opportunity to the officer to defend him”, adding “moreover, the sanction to prosecute IAS officer has not been accorded by the Department of Personal and Training (DoPT), Government of India, which has already been approached in this regard”.
It is pertinent to mention here that while passing order regarding reliving of Deputy Commissioner Srinagar, the Division Bench of State High Court had observed, “an application received in the office of Chief Justice written by unknown person pertains to Deputy Commissioner, Srinagar Baseer Ahmad Khan wherein some serious allegations have been leveled against him”, adding “it has remained undisputed that he is one of the accused in FIR No 08/2009 registered at Police Station, Vigilance Organization Kashmir involving allegations of corruption. The case is popularly known as Gulmarg land scam. The challans have been presented in respect of other accused but in respect of Baseer Ahmad Khan, it has been argued that a nod is awaited from the Government of India for presentation of challan”.
“Keeping in view the facts and circumstances of the case, we are of the considered opinion that a person who has been facing serious charges of corruption could not be permitted to remain posted in the capital city. At capital city a person with clean image should have been posted”, the DB had observed.
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