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| Resutra's controversial appointment as BOSE chairman | | HC issues show cause notice to secys of GAD, edu deptt as to why he be not asked to step down | | Jammu, Nov 13: A high court division bench of Chief Justice M M Kumar and Justice Tashi Rabstan today took a serious note of the controversial appointment of Dr N K Resutra as chairman J&K Board of School Education (BOSE) and issued show cause notice to secretaries of GAD and education department to explain as to why he be not asked to step down.
After hearing the two sides, the bench issued show cause notice to the secretaries of GAD and School Education Department as to why Resutra be not asked to step down as BOSE chairman till he is cleared of departmental inquiries and corruption allegations.
The counsel drew the attention of the court towards the July 8, 2014, division bench order wherein in para 10 it had expressed grave concern over the dilly dallying tactics of the higher education department in shielding Prof Resutra, then Principal of GDC (Boys), Udhampur, and Prof Hemla Aggarwal, Principal of GDC, Paloura. On July 8, the bench had also observed that "in both the cases, there is unnecessary delay, which appears to be a deliberate act. Is there a hidden hand, who wishes to shield these officers or there are justifiable reasons for the delay of 2/3 years in finalizing the reply to show cause notice."
He said that pursuant to the July 8 order, GAD had filed a status report wherein it was categorically submitted that the higher education department vide August 4, 2014 OM intimated that preliminary inquiry into the matter had been conducted and the officer had been served show cause notice also. The case was referred to Commissioner of Inquiries for the purpose of conducting a probe into the charges of irregularities and misuse of local funds of Government Degree College, Rajouri, against Prof Nutan Kumar Resutra. The Commissioner of Inquiries had to submit report within two months but it had not been received as yet.
In the meantime, the state vigilance organization vide April, 2, 2014 letter intimated GAD and Higher Education Department to initiate regular departmental action against Resutra for the payment of excessive rate in purchase and installation of WiFi and subsequently vide government order No 38-HE of 2014 dated July, 23, 2014, the case was withdrawn from the Commissioner of Inquiries and Director Colleges was appointed as Inquiry Officer to conduct an inquiry for the payment of excessive rate in purchase and installation of WiFi. The said inquiry officer was directed to submit its report within 15 days.
The counsel argued that the inquiry report was yet to be received by the competent authority in the government and without awaiting its outcome, Resutra was appointed BOSE chairman, throwing the law of the land to winds. He also referred to the judgment of the Apex Court in the case titled Dr Subramaniam Swami V/s Dr Manmohan Singh wherein the Apex Court held that persons facing allegations of corruption/involved in criminal cases/departmental inquiries should not be considered for positions involving huge responsibilities/public dealing post. He submitted that Resutra was appointed on extraneous considerations which is evident from the fact that there are serious allegations of corruption against him and inquiries were yet to be finalized. The bench, after considering the submissions of the advocate and senior AAG Gagan Basotra, expressed its displeasure over the manner in which the appointment of Resutra as BOSE Chairman had been made and issued show cause notice to the secretaries of GAD and School Education Department to explain as to why he be not asked to step down as BOSE Chairman till he is cleared of the charges.
The court also issued notice to Resutra after allowing his application for impalement. (JNF) |
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