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| DB expresses displeasure over incomplete GAD’s status report | | SVO directed to file status of Hemla Aggarwal’s case | | Early Times Report
Jammu, May 13: In the much publicized Public Interest Litigation (PIL) originally filed for seeking prosecution of tainted/corrupt bureaucrats, a Division Bench of the State High Court comprising after expressing his displeasure over the incomplete status report filed by General Administration Department (GAD), directed Commissioner/Secretary GAD to file a comprehensive status report disclosing the names of the officers against whom 147 Departmental Enquiries are pending and directed Director State Vigilance Organization (SVO) to submit the latest status of investigation into FIR registered against Prof Hemla Aggarwal then Principal Govt College SPMR College.
When this PIL came-up for hearing, Division Bench observed that on March 25, this year, three aspects of the matter agitated in the petition namely non-finalization of 147 departmental enquiries, non-constitution of State Accountability Commission and non-finalization 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. Status report stands filed by GAD and a copy whereof also furnished to the other side.
Division Bench further observed that the status report as regards non-finalization of 147 departmental enquiries had rightly been pointed out by counselor appearing for petition is missing in the details like the names of the delinquent officers, their present place of postings and the state of the departmental enquiries. In most of the cases the status report does not show the essential information about the steps towards the finalization of the enquiry and as also the present status of the delinquent officials, court said, adding, “in few cases, even the officials are not identified and merely their official position has been mentioned in the relevant columns of the report and he has pointedly referred some cases where the officers though facing the departmental enquires facing serious charges have been allowed to retire without finalization of the departmental enquiries against them.”
Upon this Division Bench directed GAD to file fresh status report indicating with sufficient clarification the steps taken so far towards the finalization of 147 departmental enquiries, present place of postings of the delinquent officers and whether the officer has retired on superannuation or is serving even after the retirement in any other corporation or statutory body or autonomous body. The Commissioner/Secretary to Govt., General Administration Department also needs to clarify in the fresh status report, as to in what circumstances the officers facing departmental enquiries on serious charges are allowed to retire.
Division Bench further directed the Commissioner/Secretary, GAD shall also indicate the options available under rules in order to ensure that their retirement does not stand to the way of finalization of the enquiry. Division Bench further said 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 whereunder the term and upper age limit for appointment of Chairman/Member of the Commission has been enhanced and according to the Sr AAG Seema Shekhar the amendment is awaiting assent of the Governor. Upon this 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.
After hearing battery of counselor, Division Bench directed Secretary GAD to file a fresh status report indicating the names/present places of posting of all the officers against whom the departmental enquries are pending. Division Bench also directed Director State Vigilance Organization (SVO) to submit the latest status of investigation into FIR registered by VOJ against Prof Hemla Aggarwal then Principal Govt Collge SPMR College of Commerce and presently Principal Govt College for Women Parade.
Division Bench further directed that the copy of the status report be also provided to the counsel appearing for the petitioner and also to Advocate Anil Sethi representing Prof Hemla Aggarwal so that Adv Sethi can respond to the status report. Division Bench directed Registry to list this petition in first week of July, 2015. (JNF)
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