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| Govt terminates services of 4 Anganwari helpers appointed unlawfully at Minister Manohar Lal's behest | | | Early Times Report
JAMMU, July 16: The Government has, in compliance to an order of the State Vigilance Commission (SVC), terminated the services of four Anganwari Helpers who were allegedly appointed through backdoor at the behest of Billawar MLA and Minister of State, Manohar Lal.
They included Geeta Devi, wife of Kuldeep Singh of Malti, Billawar, Reeta Devi, wife of Karnail Chand of Nargari, Punam Kumari, daughter of Kewal Krishan of Mandli and Sunita Devi, daughter of Prem Chand of Dugara. The services of all of them now stand terminated.
Their termination order was passed by Social Welfare Department on April 23, 2014, vide order No SW/ICDS/28/2014 in deference to the SVC directives. The order was implemented by CDPO, Billawar, who on June 3, 2014, issued the order, terminating their services with immediate effect and charges were handed over to the respective AWCs.
It is worthwhile to mention here that an order was passed by SVO bench of Kuldeep Khoda, Chief Vigilance Commissioner (Chairperson), R K Jerath (Member) and Gous-ul-Nisa, (Member) wherein the Vigilance Commission had indicted then MLA and now MoS Cooperatives, Manohar Lal Sharma in the backdoor and illegal appointments in Anganwari Centres at Billawar.
The SVC passed the judgment after hearing the counsel for the complainant in complaint titled Dara Chand, son of Jattu Ram of Malti, Billawar, V/s Babu Ram Tandon, then CDPO, Billawar.
The SVC observed that vide advertisement notice dated 17-02-2005 applications were invited for appointment against the posts of Anganwari Helpers for all ICDS Projects of Jammu Province and the applications were to be submitted in the office of the CDPO, ICDS Project Kathua. Subsequently, after receipt of applications, selection list for appointment of applicants as Anganwari Helpers in various Anganwari Centres of ICDS Project Billawar was prepared by the Selection Committee. As per the list no application had been received for appointment of Anganwari Helper in Anganwari Centres Malti C and as such no candidates had been selected for appointment for the said Centre. The record revealed that the post was not re-advertised. Copies of documents annexed with the statements of facts by the Programme Officer also contain a D.O letter from Dr Manohar Lal Sharma wherein he had recommended appointment of five persons including the private respondent herein Anganwari helpers. As per records, subsequently another list containing the names of four persons out of the five recommended by the MLA was prepared for appointment without the posts having been re-advertised and without including any competition. To justify these appointments, the covering letter accompanying the so-called selection list addressed by Child Development Project Officer, Kathua (Member Secretary, Selection Committee) to the Child Development Project Officer Billawar, has been worded in a manner so as to give an impression that proper procedure has been adopted in making selection of the candidates as Anganwari Helpers. As per this communication, the candidates were shown to have been approved for appointment by the selection committee for the reason of being of higher merit than those having lower merit. This assertion is belied by the records as the posts were not re-advertised and as such there were no applications and no candidates available, other than those selected, for comparison of respective merit position.
"The records made available to this Commission have thus prima facie established that the selection committee has not followed the prescribed procedure as also the constitutional provisions while recommending appointment of the four candidates against the posts," SVC sources said.
The selected candidates have thus been conferred with undue benefit of appointment against the posts they were appointed to in violation of the set procedures.
"After hearing the submissions advanced by the counsel for the complainant, SVC observed in the judgment that while considering the records and the arguments advanced by the parties, one of the conditions prescribed under the Advertisement Notice was that the preference was to be given to those candidates who would provide rent free accommodation for establishment of Anganwari Centre. In the instant case, it has been an admitted case of the parties that the Anganwari Centre at Malti-C is being run in the accommodation provided by the complainant. Therefore, had the post been advertised the complainant would have the better claim. However, the appointment to the post has been made without Advertisement and without there being any application, even from the selected candidates. It appears that posts have been filled up on mere recommendation of the MLA. The action of Selection Committee cannot be approved of being devoid of rules and Constitutional provisions," the sources added.
"For the reasons discussed hereinbefore we are of the considered view that this is the clear case wherein the Selection Committee has, dehors all the rules and regulations, ventured to engage the private respondent and three other persons as Anganwari helpers, when they had neither applied for the post nor were they shown to have participated in the selection process. Since these appointments have been made illegally in violation of Principles of natural justice and without adhering to the Constitutional Mandate of providing equal opportunity of appointment to all eligible aspiring candidates, the present incumbents cannot be allowed to continue in the public appointment on strength of illegal orders passed by abuse of official position" the Commission observed.
The Vigilance Commission had directed as follows:
..." In the aforementioned backdrop, the complainant has succeeded making out a case for indulgence by this Commission and accordingly we make following recommendations to be considered by the Govt so that the records are set right and justice is done in the matter:
(a) To initiate regular departmental enquiry against the public servants who at the relevant point of time were the members of the Selection Committee which arbitrarily recommended selection of afore-named persons as Anganwari Helpers.
(b) To terminate the services of private respondent and three others namely
(i) Geeta Devi W/O Sh. Kuldeep Singh R/O Malti Helper Anganwari Centre Malti.
(ii) Reeta Devi W/O Sh Karnail Chand R/O Nargari Helper Anganwari Centre, Nargari Dungara.
(iii) Punam Kumari D/O Sh Kewal Krishan R/O Mandli, Helper Anganwari Centre, Mandli, and
(iv) Sunita Devi D/O Prem Chand R/O Dugara Helper Anganwari Centre, Banthi Dungara, who have been found appointed on pick and choose basis without there being any advertisement and without following any rules and regulations governing the appointments to public post.
(c ) To re-advertise these posts and have these filled in accordance with rules after following the prescribed procedure.
The said order has been complied with in part and the services of the backdoor appointees have been terminated and inquiry has started but the posts which have fallen vacant have not been readvertised |
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