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| Disclose work done on Committee on dead-wood: HC to Govt | | Create 82 posts for SVC ; Provide deficient staff to SAC , SIC | | Et Report
Jammu, Dec 10 : Today a Division Bench of the State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi issued various directions of wide public importance in a PIL filed by two social activists Sheikh Mohd Shafi and Prof SK Bhalla seeking appropriate directions to the State to produce the recommendations of a High Powered Committee constituted by the State of J&K in May, 2011 under the chairmanship of then Chief Secretary Madhav Lal for identifying dead-wood in the State Administration.
When this much publicized PIL came-up for hearing, Adv Sheikh Shakeel Ahmed appearing for the PIL drew the attention of the Division Bench to the status report filed by GAD wherein it was divulged that 76 officers/officials have already been prematurely retired from Govt Service and in addition to this four cases have also been referred to the committee for consideration in terms of Article 226 (2) of J&K CSR.
Adv Sheikh Shakeel Ahmed pointed out that the 76 officers/officials indicated in the status report were compulsorily retired anterior to the constitution of the High Powered Committee and the status report is totally silent about the job done by the said committee which was constituted vide Govt order No 32-GAD of 2011 dated May 16, 2011 and further submitted that appropriate directions are warranted to the GAD to disclose the job done by the said committee along with the records/recommendations if any.
Upon this Division Bench after considering the status report and hearing Senior AAG Gagan Basotra directed the General Administration Department to file supplementary status report indicating the job done by the committee which was constituted under the chairmanship of then Chief Secretary on May 16, 2011.
During the course of arguments Adv Sheikh Shakeel Ahmed appearing for the PIL invited the attention of the Division Bench to the status report filed by the GAD with regard to the position of staff/infrastructure for three Commissions viz State Accountability Commission, State Information Commission and State Vigilance Commission. According to the status report it was divulged that presently 22 officers/officials have been provided to the SVC for managing immediate requirements. However, Adv Sheikh Shakeel Ahmed apprised the Division Bench that the State Vigilance Commission has requested for creation of 82 posts of various categories on the pattern of Central Vigilance Commission and presently according to the status report the matter is referred to finance dept for their concurrence by the GAD on November 13, 2013. After examining the said status report and the Division Bench in the open Court directed Senior Additional Advocate General Mr. Gagan Basotra to produce the requisite orders of creation of 82 posts before the next date of hearing.
In the same status report the GAD had also indicated the various posts lying vacant in SAC and SIC and after hearing the submissions from both the sides, Division Bench in the open Court directed Senior Additional Advocate General to ensure that the deficient staff be provided to the said commissions on need basis before the next date.
During the course of arguments, Adv Sheikh Shakeel Ahmed also drew the attention of the Division Bench to the case FIR NO 18/2005 P/S VOK (infamous Rural Electrification Scam) and apprised the Division Bench that according to the status report Vide Govt order NO 36-GAD (VIG) of 2012 dated October 5, 2012, sanction has been accorded for the prosecution of in service public servants.
He further submitted that SVO has intimated that vide order dated July 16, 2008 in a petition filed by Ghulam Nabi Ganai in Srinagar Wing, the presentation of the challan has been stayed and in two more petitions the similar directions have been issued from the Srinagar Wing of the High court. Upon this the Division Bench directed in the open Court to the Registrar Judicial of the Srinagar Wing to file the latest status of the above said petitions. It was also brought to the notice of the Division Bench that with regard to Ajaz Ahmed Bhat (Ex-MD JKSFC) being a co-accused with Abdul Gani Hajam (IFS) has attained the age superannuation on May 31, 2012 and no sanction is required and according to the status report the VOK has been requested to present challan against the accused officers before the competent court of law. Adv Sheikh Shakeel Ahmed submitted that appropriate directions be issued to SVO to indicate the latest status of the case as to whether the challan has been presented or not. Upon this Division Bench in the open Court directed Senior AAG to file the latest status of the matter before the next date. (JNF) |
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