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MoS Cooperatives under scanner for illegal appointments
SVC quashes four 'backdoor appointments'
2/8/2014 11:21:22 PM
Et Report
Jammu, Feb 8 (JNF): In a significant order passed by the J&K State Vigilance Commission has indicted MoS Cooperatives Dr Manohar Lal Sharma for backdoor and illegal appointments in Anganwari Centres in Billawar and quashed four such appointments while recommending departmental inquiry against Selection Committee members. SVC recommended termination of services of Geeta Devi , Reeta Devi, Punam Kumari and Sunita Devi, who have been found appointed on pick and choose basis without there being any advertisement and without following any rules.
The SVC also sought readvertisement of the posts. Commission Bench comprising Kuldeep Khoda, IPS Chief Vigilance Commissioner Chairperson), R K Jerath, IAS Vigilance Commissioner (Member) and Gous-ul-Nisa, Vigilance Commissioner (Member), after hearing Advocate Aseem Sawhney, observed that 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.The instant case 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 and 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, SVC observed. Commission also observed since in the instant case no such procedure was adopted, the entire exercise can safely be termed as arbitrary and a result of abuse of official position by then members of the Selection Committee and conferment of undue benefit upon the four candidates thus appointed.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 that the aforementioned backdrop, the complainant has succeeded making out a case for indulgence by this Commission and makes following recommendations to be considered by the Govt so that the records are set right and justice is done in the matter and directed to initiate regular departmental enquiry against the public servants who at the relevant point of time were the members of the Selection Committee. The SVC directed that a copy of the judgment be sent to the Chief Secretary to the Government of J&K so that aforementioned recommendations are taken note of and the concerned authorities are directed to take further action in the matter in accordance with rules.
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