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| Arun Kumar fights back | | Attached IAS officer knocks CAT doors | | EARLY TIMES REPORT
JAMMU, Oct 8: Facing three months of isolation and some humiliation, the man who has been accused of triggering a political landmine by allegedly “going out of brief in his statements” has challenged the action of state government
Senior IAS officer Dr Arun Kumar, Principal Secretary to then Governor SK Sinha, has filed a petition before the Central Administrative Tribunal against his attachment with the General Administration Department. Notices have been issued to the state government, through Chief Secretary, before taking a decision in the case.
Being in the eye of storm for very long, Dr Arun Kumar landed in soup when he allegedly said in his June 17 Press Conference that the controversial forest land at Baltal has been permanently acquired and owned by the Shri Amarnath Shrine Board. He is also accused of having satirically questioned the “Hindu pollution” and “Muslim pollution” in context of uproar in Kashmir against influx of pilgrims to the Amarnath shrine. The three-member panel of inquiry constituted by the government later found Kumar guilty of violation of service rules and consequently he was attached with the General Administration department.
In his plea before the Central Administrative Tribunal, Kumar has also alleged that his official bungalow and personal staff was also withdrawn which smacked of ill will and political vendetta. The main point of contention in his petition, however, was that two of the inquiry panel members were his junior and therefore the government decision is bad in eye of law.
Advocates AK Sawhney and ID Singla appeared before the CAT for the petitioner. Sawhney while arguing the matter submitted that Dr Arun Kumar is a senior IAS officer on the 1979 J&K cadre with 30 years of service and his attachment with the GAD is illegal and bad in the eyes of Law.
He submitted before the Court that this order of attachment, is bad in the eyes of law as a senior officer in the bureaucracy cannot be made to sit without work, as held by the Supreme Court of India in Chinnasway's case.
A K Sawhney, further in the petition has further submitted that the Govt Order dated 21.6.2008 whereby a committee of S S Sahni, IAS, Dr R K Jerath IAS, and Basharat Ahmed Dhar IAS was appointed by the J&K Govt to inquire into the allegations, and take evidence on the basis of video/ audio clippings , press reports into the allegations about the press conference given by Dr Kumar on 17.6.2008 on the Amarnath yatra issue wherein he answered a volley of questions on the Amarnath Shrine "land" controversy, which itself was created a controversy by vested interests.
It has been submitted in the petition that two officers of the said committee were junior to the petitioner- Dr Arun Kumar . It was averred that Dr R K Jerath is junior by one year, and Mr Basharat Ahmed Dhar is junior by 10 years. On this count also the inquiry is void abinitio and that order itself is bad in the eyes of law and unsustainable.
It was further averred in the petition that the orders against petitioner are based on illwill, malafides and arbitrary in nature, therefore be quashed.
He submitted that the height of humiliating the senior officer is that his official bunglow, personal staff etc were withdrawn just as a measure of harrasment by the respondents. Mr Sawhney alleged that the petitioner is being made a scape goat on the basis of personal malice, a malafides.
The Bench on hearing the contentions made by the counsels observed in the order that the petitioner is an officer of 30 years service and has been attached with the General Administrative Department (GAD) vide impugned order dated 28.6.2008. Counsel for the petitioner has relied upon Supreme Court Judgment, in Chinnaswamy's case that an officer can not be kept without posting/ work which is contrary to the SC Judgment,
The Tribunal issued Notice to the respondents – State of J&K and Union of India to file reply to the petition. The next date fixed in the case is 22.10.2008 before the CAT. |
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