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| Petition challenging disengagement of MGNREGA "director" | | HC directs RDD secy to comply with court orders | | Early Times Report
Jammu, July 22: High court judge Tashi Rabstan has directed Khurshid Ahmed Shah, commissioner/secretary of Rural Development Department (RDD), who was present in the court, to file compliance report within three weeks to the court orders of June 8, 2015 and December 18, 2014 passed by the court in a writ petition filed by Syed Khursheed Ahmed Shah, Director Social Audit MGNREGA, RDD. The court, however, made it clear that in the interest of justice, three weeks' time as prayed by the commissioner is granted and in default, his salary for the month of August 2015 shall not be released. The court directed the Registry to forward the copy of this order to the concerned Drawing and Disbursing Officer and also fixed August 14, 2015 as the next date of hearing. Earlier, the petitioner's counsel drew the attention of the court towards the two orders whereby it had directed the RDD Secretary to release the monthly emoluments as well as the move allowance of the petitioner who was appointed as Director Social Audit, MGNREGA in RDD on October 18, 2014. He submitted that the court vide detailed order passed on June 8, 2015 had rejected the RDD stance that the petitioner was disengaged on the same day, ie October 18, 2014. He submitted that till date the RDD secretary had not implemented the court directions and for this reason vide order dated June, 8, 2015, the court sought his personal appearance so as to explain his conduct particularly with regard to the detailed correspondence made available on records by the petitioner showing his continuation as Director Social Audit after the so-called disengagement. On the other hand, AAG Z S Watali submitted that in terms of court directions, RDD commissioner Khurshid Ahmed Shah is present in the court and reiterated that petitioner was disengaged on October 18, 2014 but the order of disengagement could not be communicated to him and field agencies. Upon this, counsel invited the court attention to the minutes of the meeting dated October 25, 2014 (Annexure-C) to the writ petition wherein the RDD secretary had written 'speak' and the subsequent correspondence indicating the petitioner's field visits to various districts in Kashmir and in Jammu province as Director Social Audit MGNREGA. Upon this, the court sought the explanation of the RDD Commissioner who took the plea that the said correspondence is one sided and there is no such communication from the government.
Upon this, the court expressed its displeasure and took strong note of the non-compliance of the orders dated December 18, 2014 and June 8, 2015 and directed the RDD commissioner to file detailed compliance report within three weeks regarding the orders passed by the court whereby directions were issued for the release of monthly emoluments and move charges. The court made it clear that in case the needful is not done, the salary of RDD commissioner for the month of August 2015 shall not be released.(JNF) |
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