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Govt for deducting JKCA remuneration of ex-DySP from his pension

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STATE TIMES NEWS

JAMMU: The government on Wednesday asked Financial Advisor/Chief Accounts Officer, PHQ, J&K to deduct amount which Sudershan Kumar Mehta, the then Dy.SP (now retired) has drawn as remuneration from Jammu and Kashmir Cricket Association (JKCA), from his pension.
“Director General of Police, J&K, vide communication dated June 13, 2018, forwarded a copy of complaint against Sudershan Kumar Mehta, the then I/c DySP (now retired), filed by one Desh Rattan Dubay, received through the erstwhile J&K State Vigilance Commission,” reads an order issued by Raj Kumar Goyal, Financial Commissioner /Additional Chief Secretary, Home Department.
It added, “In the ibid communication, the PHQ, J&K brought to the notice of Home Department that a factual report obtained from the ADGP, Home Guards/Civil Defence has prima-facie revealed that Sudershan Kumar Mehta, has accepted the full-time assignment of Joint Secretary, Jammu & Kashmir Cricket Association (JKCA) in different spells between 2003 to 2016, without seeking prior permission of the Government as was required in terms of Sub-rule 2 of Rule 21 of J&K Government Employees (Conduct) Rules, 1971 and for drawing remuneration from Jammu and Kashmir Cricket Association at the same time, he was drawing salary from the Government Exchequer as a Police Officer.”
Whereas, the order added, while the issue was still under examination in the Home Department, Sudershan Kumar Mehta, the then I/c Dy.SP, retired from government service on May 31, 2021 and whereas, the Home Department, after the retirement of the Officer, examined the issue in detail in terms of Article 168-A of Jammu and Kashmir Civil Service Regulations (CSRs), and also in consultation with the General Administration Department.
Accordingly, a decision was taken to initiate departmental proceedings against Sudershan Kumar Mehta, as the period of one year was still not over from the date of his retirement, for accepting the assignment of Joint Secretary, JKCA without prior permission of the Government and for drawing remuneration from JKCA; and whereas, the Home Department with the approval of the Competent Authority initiated the departmental action and Sudershan Kumar Mehta, was served a charge-sheet vide Memorandum No. Home-PG/247/2021(56418) dated May 12, 2022 along with Statement of Imputation of misconduct in support of Articles of Charge, read an order.
It added that the officer was given an opportunity to submit his written statement of defence along with an option to appear in person as well; and whereas, Sudershan Kumar Mehta neither submitted any written statement nor expressed his desire to appear in person within the stipulated time period; and the Home Department vide Government Order No.213-Home of 2022 dated 06.07.2022, appointed an Inquiry Officer to conduct an in-depth inquiry into the charges framed against Sudershan Kumar Mehta.
The Inquiry Officer submitted his report on September 14, 2022, the order stated and added, mentioning clearly that Sudershan Kumar Mehta accepted the assignment of Joint Secretary, JKCA without prior permission of the Government as was required in terms of Sub-rule 2 of Rule 21 of J&K Government Employees (Conduct) Rules, 1971 and had at the same time, also accepted remuneration from JKCA while drawing salary from Government Exchequer as a Police Officer.
The report of the Inquiry Officer concluded categorically that Sudershan Kumar Mehta violated the provisions of the J&K Government Employees (Conduct) Rules, 1971; and the inquiry report submitted by the Inquiry Officer was placed before the Competent Authority and the Competent Authority after taking into account all the facts related to the case, came to the conclusion that the amount which Sudershan Kumar Mehta drew as remuneration from JKCA should be recovered from his pension, in terms of Article 168-A of J&K CSRs, as the Officer was drawing regular salary from the Government exchequer as a Police Officer during the same period.
Now, therefore, it is hereby ordered that the amount which Sudershan Kumar Mehta has drawn as remuneration from Jammu and Kashmir Cricket Association, shall be deducted from his pension, in terms of Article 168-A of Jammu and Kashmir Civil Service Regulations, 1956.
It is further ordered that the Financial Advisor/Chief Accounts Officer, PHQ, J&K, shall take necessary steps to ensure deduction from the pension of the retired Officer.
Meanwhile responding to aforesaid order on his pension deduction by J&K Government, Retired DSP Sudershan Mehta said “It is pertinent to bring to your notice that the Departmental Proceedings initiated against him are illegal and the matter is Sub-Judice.”
Mehta has challenged the order issued by the Home Deptt before the CAT Bench Jammu in June 2022 with the next date of hearing scheduled in the first week of December 2022.

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