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| Guv dismisses, PHE rewards 'powerful engineer' | | Murky affairs of cash starved State | | Bashir Assad
JAMMU, Jan 10: In rarest of the rare cases, PHE department has not only retained an engineer dismissed by Government but has given him promotion to the next higher grade followed by the full pension benefits after his retirement.
General Administration Department (GAD) while invoking the provisions of Section 126 of the Constitution of the State of Jammu and Kashmir on the recommendations of the then Governor of the State, had dismissed the services of an Assistant Executive Engineer (AEE) but the PHE department bestowed promotions and other services benefits on the AEE in a sheer but criminal negligence while ignoring the orders of his dismissal issued at the highest level.
Law Department of the Jammu and Kashmir Government has come across a very interesting but rare case wherein opinion has been sought from department by GAD. The case pertains to one Assistant Executive Engineer, Ghulam Hassan Mir whose services were terminated by Governor in 1988 vide Order No. 3-GD of 1988 by invoking provisions of section 126 of the Constitution of the State of Jammu and Kashmir but the same official was not only allowed to continue by the PHE department (Kashmir) but also bestowed with promotions and other entitlements due under normal services with the termination order still in vogue.
It sounds bizarre, but it is a fact that the same engineer was promoted to the next higher grade in 2007. The engineer retired officially from services in 2009 and order of his retirement was also issued by the department. However, when GAD looked at the file, it asked the PHE department to report on the matter, the then Special Secretary, PHE, clandestinely brushed the file beneath the carpet. It was only in December 2012 that GAD raised the query and issued a show-cause notice to PHE department on which the department stopped the pension benefits to the beneficiary.
Sources told Early Times that the engineer clandestinely, approached the High Court and got injection from the court in his favour and pleaded through his council that if the termination orders issued were to be uphold then why the department allowed him to continue and even effected his promotion to the next higher grade. The matter, after a pretty long time, has suddenly come under the notice of the general department which while issuing a notice to the PHE administrative department to explain the circumstances under which the termination orders issued on the recommendations of the Governor were not executed and simultaneously referred the case to the Law Department for legal opinion.
Sources said the Law Department has returned the file to the GAD asking it to arrange a meeting with the administrative department of PHE in order to arrive at some conclusion. He said that Government has to look at the case through various angles. "Who were officers who allowed him to continue despite orders of termination of his services by Governor," added the officer. Senior Lawyer Sheikh Shakeel of Jammu High Court told Early Times that this was the height of the illegality, nepotism and favoritism. "I think this must have been a fixed match" Shakeel said and added that recovery shall be made from the officers responsible for this mess under Section 168 of CrPc. |
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