ET Plus Report
JAMMU, Mar 4: Division Bench (DB) of State High Court today directed the Government to relieve Deputy Commissioner Srinagar Baseer Ahmed Khan (IAS) from his present posting on or before March 6 and post any other suitable officer at his place.
The DB comprising Chief Justice MM Kumar and Justice Mansoor Ahmed Mir in an application received in the office of Chief Justice of J&K High Court written by unknown migrant Kashmiri Pandit who cannot expose his name because of prevailing circumstances against Khan treated it as CMA in the Public Interest Litigation (PIL).
The landmark order written by Justice Kumar, observed that the application contained some serious allegations. "It has remained undisputed that he (Khan) is one of the accused in FIR no. 08/2009 registered at Police Station, VOK 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 Mr. Khan, it has been argued that a nod is awaited from the Government of India for presentation of challan," the court said.
The application was received by this Court in December, 2012. In that regard first order was passed on 31.01.2013 giving notice of the application which was duly accepted by the learned senior Additional Advocate General. "We had apprised the learned State counsel that if an officer is facing such serious charges then his posting at Srinagar was required to be reconsidered," it said.
The matter was posted for hearing on February 4, 2013, when on the request made by the State counsel hearing was deferred to February 11, 2013. Even on February 11, 2013, the State counsel requested for two weeks more time by citing the reason that situation in Kashmir valley was not conducive for reconsidering the question concerning posting of the aforesaid officer as Deputy Commissioner, Srinagar and the matter was ordered to be listed for today.
The DB observed that senior AAG Gagan Basotra without any basis and lawful excuse, has again requested for another adjournment. However, Court found that there was no justification for granting any further adjournment.
The DB after hearing Adv SS Ahmed for the applicant, Basotra for the State and ASGI KK Pangotra for the Union of India, observed that 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". Therefore, "we direct that Baseer Ahmad Khan (IAS), Deputy Commissioner, Srinagar shall be relieved from his present posting on or before March 6, 2013 and any other suitable officer be posted at his place".
The DB further observed that State shall be free to give posting to Khan befitting his present status. (JNF) |
