news details |
|
|
| Amarnath land row officer faces official heat | | CAT clears former CEO of charges, terms Inquiry committee illegal | |
*CS stops salary, refuses leave
*J&K approaches High Court
Syed Junaid Hashmi
JAMMU, Apr 28: Selective penalization is what Jammu and Kashmir government has been doing when it comes to choosing bureaucrats and police officers for critical postings important for effectively running the state administration.
A top police officer against whom an inquiry commission has leveled serious allegations and who was subsequently, placed under suspension went to the Central Administrative Tribunal (CAT) with an appeal. Tribunal looked into his case thoroughly and after clearing him of all charges, ordered the government for his reinstatement. Not only this, pending grades were released to him immediately.
More importantly, government did not appeal against the decision of CAT. Another curious case is that of well-connected IAS officer who has serious cases of embezzlement and corruption pending against him. He was re-instated within months of his suspension. Another officer who also has a murder case pending against him is also enjoying a prize posting in the state administration.
More importantly, several other officers who facing serious charges of murder, corruption, nepotism and against whom cases are pending in State Vigilance Commission (SVC) are all enjoying important positions. However, government has singled out former Chief Executive Officer (CEO) of Shri Amarnath Shrine Board (SASB) and presently, Chairman of Jammu and Kashmir Special Tribunal Dr. Arun Kumar.
Kumar who has applied for 3 months leave to complete his under-construction house in Greater Noida in New Delhi in the same Society where Chief Secretary of Jammu and Kashmir Madhav Lal has already constructed his house is being reportedly denied the same. Further, as already reported, Chief Secretary has issued orders for stopping the former CEO’s salary from March 1 onwards in complete contravention to IAS Rules.
Sources in the Chief Secretary’s office maintain that orders have been to ensure return of Dr. Arun Kumar on the grounds that a court case is pending against him. Interestingly, they added that court case is actually state government’s appeal against judgment of same Central Administrative Tribunal (CAT) in favour of Dr. Arun Kumar whose clean chit to several other officers aided government in elevating them.
Moreover, the same government which is as per the sources penalizing Arun Kumar preferred not to appeal against the CAT judgment in the cases of officers involved in proven cases of murder and unwarranted use of force. It needs to be mentioned here that after the infamous press conference of Dr. Arun Kumar in the year 2008 wherein he had referred to transfer of land to Shri Amarnath Shrine Board (SASB), the two regions of Jammu and Kashmir witnessed mass agitations for over two months.
To defuse the situation, state government had recalled Dr. Arun Kumar from the Raj Bhawan and after attaching him with GAD ordered an enquiry initiated against him. The Inquiry Committee comprised of two junior officers, viz. Sh. R.K. Jerath (JK1980) and Basharat Ahmad Dar (JK 1989), who were both one year and 10 years junior to him. However, appointed in the wake of the Amarnath agitation, by the Jammu & Kashmir Govt. vide GO No. 1514-GAD of 2008 dated 27.11.2008, sources confirmed that officer didn’t hold any hearing and retired from the committee without returning any findings.
They asserted that none from the government ever sought any more clarifications from the officer. Besides, no court ever prohibited state to complete the enquiry. Besides, sources said that CAT has given an explicit judicial verdict in Arun Kumar’s favour.
In the verdict, a copy of which is with Early Times and against which the government has gone in the court of law, CAT has said “We hope that better sense will prevail and the officer concerned would be reassured of the concern the government have for him. He should be given a position commensurate with his status and seniority and taking notice of his intrinsic worth. The circumstances which led to the precipitation of the issues are to be forgotten by the government as a bad dream.”
CAT had asked the state to comply with its directions within four months, from May 20, 2009. However, much after the 4 month period expired on September 20, 2009; the state government went in appeal against this judgment in the Srinagar Bench of the J&K High Court and obtained a stay on November 25, 2009.
More importantly, regarding committee constituted by state government, CAT said that while constituting the committee, requirement of Rule 8(3) of IAS (Discipline and Appeal) Rules have been over looked. It added that enquiry committee constituted by government was illegal and not sufficient enough to be acted upon.
With regard to role of media, CAT has said that most often senior media personnel attempt one up-man-ship. It has asserted that media persons have to be shown their place, subject to exercise of discretion. CAT has adjudicated that state government was not justified in constituting the committee, to inquire into such aspects or to proceed further in the mater by holding an inquiry while adding that government of course has to soften the moods of general public but that should not be by venturing into a sacrifice or sabotaging the career of an individual.
Taking the plea of a “pending disciplinary proceeding”, sources informed that state has refused to consider Dr. Arun Kumar for promotion to the scale of the Financial Commissioner, which is due to all IAS officers who complete 30 years of service. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
