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| HC issues notice, declines interim relief in KVIB backdoor appointments case | | |
Early Times Report
JAMMU, Oct 10: In a sensational case exposing back door appointment of officers, officials in the KVIB by the then Government headed by Mehbooba Mufti, the High Court of J&K comprising of Justice Tashi Rabstan has issued notice to the State Government and other respondents including KVIB and declined to issue any interim relief to the petitioners.
The petitioners Shubam Thappa and others had filed a writ petition in the High Court of J&K, Jammu through Abhinav Sharma, Advocate who vehemently argued the matter before the Court seeking an interim relief for protection of the petitioners as their appointments in the KVIB have been cancelled by the government. The state government was represented by Aseem Sawhney Addl Advocate General with Bhanu Jasrotia government Advocate who vociferously argued the matter and exposed the appointments made dehors the law and procedure. He said that the government at the highest level had ordered an inquiry into these bungling where the names of many high ups were involved including the name of one Aroot Madni who was allegedly appointed by backdoor and who happens to be close relative of ex-Chief Minister Mehbooa Mufti. He also referred to the inquiry report of R K Goyal who had found these bungling in KVIB recruitment and also read the report of DG CID which exposed the complete nexus. It was submitted by AAG Aseem Sawhney that the report reveals that Aroot Madni is son of Sartaj Madni (relative of ex-CM Mehbooba Mufti) who was appointed in total disregard of laws. It was also submitted before the Court by Sawhney that the report also revealed that Rs 5 lakhs were taken by then PRO of DyCM for such appointments. In such a case of high magnitude scam, the AAG requested the Court not to grant any interim relief, as there was no prima facie case in favour of the petitioners, who though claim to have been appointed in a correct manner but are under clouds as the entire appointment process was a scam, as per the report.
Justice Tashi Rabstan observed that the petitioners amongst other reliefs are seeking to quash Government Order No 127-IND of 2019 dated 28.06.2019 issued by the Principal Secretary to Government, Industries and Commerce Department, respondent No.2 herein, whereby it has been ordered all the selections made in the Khadi & Village Industries Board (KVIB) pursuant to Advertisement Notice No.KVIB/01 of 2016 dated 08.10.2016 are quashed/cancelled. It has been further ordered that KVIB will provide opportunity of being heard to all the candidates appointed to different category of posts pursuant to the advertisement notice dated 08.10.2016 and fulfill all other formalities required under law before cancelling the appointments of these candidates.
High Court further observed that the petitioners came to be selected and appointed in terms of Advertisement Notice No.KVIB/01 of 2016 dated 08.10.2016 against different category of posts. The appointment orders were issued to the selected candidates on 20.02.2018. However, on the basis of some complaints regarding these selection/appointments, a high level committee headed by the then Principal Secretary to Government, Home Department was constituted vide order dated 19.03.2018 to enquire into the alleged unfair selection made by J&K Khadi & Village Industries Board. After conducting of inquiry, a report was submitted by the said Committee to the Government recommending that since the entire process of selection was suffering from various deficiencies/flaws, therefore, the same be quashed and initiated de-novo after following the due procedure.
The Court in its order observed that the Government while accepting the report of inquiry committee, issued order dated 28.06.2019 (supra) thereby quashing/cancelling all the selections made in the KVIB.
It would also be relevant to reproduce hereunder paragraphs of the CID report which states, "It was reliably learnt that one Mushtaq Ahmad Malik @ Mushtaq Noorabadi, R/o Khur Batapora, DH Pora, Kulgam, A/P putting up in Hotel accommodation at Rajbagh, Srinagar, who was PRO to ex-Dy CM, contacted the candidates and asked for Rs 5 lakh each for appointment in said department. Similar instances were reported from other places as well."
CID has concluded that the entire conduct of Examinations appears to have been handled callously. "The issuance of notification, engaging a Private Company, appointment of Law Secretary as Controller, ensuring minimal publicity of Exam procedures, declaring the results in a hurry and tailoring the exam scheme as per the needs, all point towards malafide intentions of the Board to propagate Nepotism."it added.
Justice Tashi Rabstan held that keeping in view the serious allegations borne out from the summary report of CID, I am of the view that the petitioners have not succeeded in making out a case for grant of interim relief.
Court after hearing both the sides observed that therefore, in such circumstances, "I am not inclined to grant the interim relief at this stage. The case law cited by the counsel for writ petitioners, therefore, need no consideration at this stage for grant of interim relief and the same shall be considered at the time of final arguments".
Justice Tashi Rabstan issued notice to the respondents in the writ petition as well as in CM. Aseem Sawhney, AAG, vice FA Natnoo, AAG, accepted notice on behalf of respondents 1 & 2, whereas Bhanu Jasrotia, GA, waived notice on behalf of respondents 3 to 5. Objections were directed to be filed within a period of four weeks from today. However, the impugned orders shall be subject to the outcome of present writ petition. " the Court directed. |
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