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| 'CTA press note unwarranted, defamatory, vague, unlawful' | | Distt admin to take action against unauthorised absentees | | Early Times Report
RAJOURI, May 19: District administration has taken strong exception to an unwarranted, unlawful and devoid of merits press note circulated by the College Teachers' Association Jammu terming its undue trade-unionism to cover unauthorised absenteeism, and an uncalled for interference in established Single Line Administration.
The College Teachers Association in its press note had termed that Additional Deputy Commissioner is not competent to take cognizance of college teachers found on unauthorised absence, on the false ground of pay scales, a point which is far from reality and established legal procedure as well as Government orders in this regard as well as inherent powers of the officers.
The District Administration termed the stand of CTA as unlawful and contrary to the laid down rule position, adding that such unionism will not hamper the executive action. The Single Line Administration established under the Govt Order No 2380-GD of 1976 Dated 14.10.1976, 2973-GD of 1976 Dated 28.12.1976 wherein in powers of Major Heads of Departments have been vested in the District Development Commissioner and the day to day functional and administrative control of all departments vests in him.
The Scheme was further strengthened vide Govt Order No 741-GAD of 1993 Dated 03.09.1993 and disciplinary / administrative powers including that of suspension of officers of Grade-I vests in the DDC, irrespective of any pay scales as claimed by CTA. There is no exception or immunity to the staff of the Govt Degree Colleges.
It is pertinent to mention here that High Court of J&K upheld the powers of District Development Commissioner to suspend and take disciplinary action against even senior officers recruited through state PSC acting as appointing authority under single line administration.
The matter has been settled in SWP No 423 of 2007.The power of Major HoD and administrative department for such matters vested in DDC upheld by highest court in state is a settled law.
The SHRC observation cited by CTA has no effect or binding on the executive authorities.
Further, the arbitrary and unfound claim of the CTA regarding pay scales can be seen as an imaginary castle in the air by bare reading of the J&K Warrant of Precedence which is the basic document defining the hierarchy of officers.
As per the Govt order dated 16.07.2001 pursuant to the Cabinet Decision No 110/10 Dated 4th July 2001 Addl Deputy Commissioners (Addl Secretaries) are placed above many HoDs, all District Officers and other officers including principals of the Degree Colleges. Its wrongful and wilful ignorance on part of CTA to have turned blind eye to established executive powers before jumping in support of officials found on unauthorised absence.
It is pertinent to mention that Chief Minister's secretariat vide No HCM/AS/2016-17/154-77 Dated 14.07.2016* communicated the minutes of meeting chaired by Chief Minister where detailed scheme for strong vigilance against absenteeism has been laid down and importantly Administrative Secretaries have been asked to endorse the decisions taken by the DDCs in this regard. The scheme of Single Line Administration has been strongly endorsed in the communication for enforcing discipline in Government offices.
Moreover, Addl Deputy Commissioner in his inherent capacity, or capacity as District Vigilance Officer or deputed by DDC is well within his powers to inspect attendance in any Govt Degree College. He is vested with powers of District Magistrate under RPC.
The General Administration Department which has issued umpteen numbers of circulars in this regard is seized of the matter related to such an irresponsible press note issued by CTA. Meanwhile, explanation of 6 officials found on unauthorised absence has been sought and in case of failure to furnish same further action as necessitated under the Rule 31 of the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 shall be initiated. |
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