STATE TIMES NEWS
JAMMU: Expressing displeasure over the incomplete status report filed by General Administration Department (GAD) in a case pertaining to allegations against senior officials, Division Bench of the State High Court, comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal, on Wednesday sought disclosure of the names of 147 officers against whom departmental enquiries are pending.
The Division Bench also directed Director State Vigilance Organisation to submit the latest status of investigation into FIR registered by VOJ against Prof Hemla Aggarwal, the then Principal Government SPMR College of Commerce and presently Principal Government College for Women Parade.
The directions came in a Public Interest Litigation (PIL) originally filed for seeking prosecution of tainted/corrupt bureaucrats.
Advocate Sheikh Shakeel Ahmed with Advocates Irfaan Khan and Rahul Raina appeared for PIL while senior AAG Seema Shekhar represented the GAD and SVO. Advocate Anil Sethi represented Prof Hemla Aggrawal.
The Division Bench observed that on 25th March, 2015, three aspects of the matter agitated in the petition, namely non-finalisation of 147 departmental enquiries, non-constitution of State Accountability Commission and non-finalisation of the rules for the officers of the State Accountability Commission were highlighted and a comprehensive response was directed to be filed by the respondents.
The Division Bench further observed that the status report, regarding non-finalisation of 147 departmental enquiries, had rightly been pointed out by Advocate S.S Ahmed had no details like the names of the delinquent officers, their present place of postings and the status of the departmental enquiries. In most of the cases the status report does not show the essential information about the steps towards the finalisation of the enquiry and also the present status of the delinquent officials. In few cases, even the officials were not identified and merely their official position has been mentioned in the relevant columns of the report and the Advocate has pointedly referred some cases where the officers though facing the departmental enquires on serious charges have been allowed to retire without finalisation of the departmental enquiries against them.
Upon this, the Division Bench directed GAD to file fresh status report with sufficient clarification.
“The Commissioner/Secretary to Government, GAD also needs to clarify in the fresh status report that under what circumstances the officers facing departmental enquiries on serious charges are allowed to retire”.
The Division Bench further directed the Commissioner/Secretary, GAD to also indicate the options available under rules in order to ensure that their retirement does not stand to the way of finalisation of the enquiry.
The Division Bench further observed that the status report has also been filed by the Law Department to explain non-constitution of State Accountability Commission and the status report would reveal that an amendment has been made in the Act where under the term and upper age limit for appointment of Chairman/Member of the Commission has been enhanced and according to the Senior AAG Seema Shekhar, the amendment is awaiting assent of the Governor.
Upon this, the Division Bench directed that the latest status report be filed on next date of hearing, in the event amendment is made and decks are cleared for appointment of Chairman/Members of the State Accountability Commission. The Division Bench directed Registry to list this petition in first week of July, 2015. JNF
