Delay in finalization of 147 departmental enquiries
DB directs 13 officials to file status of enquiries within two weeks
5 Dariya News
Jammu 10-Feb-2016
A Division Bench of the State High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Tashi Rabstan expressed its displeasure/anguish over the delay in the finalization of 147 departmental enquiries pending against various officers of the State Government occupying responsible positions. The Division Bench looking into the slackness on the part of 13 Administrative Departments impleaded their Secretaries as party respondents in the PIL and directed all the 13 Commissioner/ Secretaries to file the status of the pending departmental enquiries within two weeks failing which they were directed to remain present in person on the next date of hearing.These directions of wide public importance were passed in the much publicized Public Interest Litigation (PIL) filed by two social Activists Sheikh Muhammad Shafi and Prof. S.K. Bhalla highlighting inordinate delay in the finalization of 147 departmental enquiries.When this PIL came up for hearing today Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the petitioners drew the attention of the Division Bench to the order dated December, 17, 2015 whereby GAD had been directed to file the updated status of the 147 Departmental Enquiries within two weeks.
Advocate Ahmed submitted that despite the express directions passed by the Division Bench the GAD has failed to file the updated status of the departmental enquiries.Advocate Sheikh Shakeel Ahmed referred to the last status report filed by GAD on November, 4, 2015 wherein the GAD had expressed its helplessness as it was averred in the said status report that only 5 departments responded with the fresh status report and the response from rest of the 16 Departments is still awaited. While referring to the said status report Advocate Ahmed further submitted that the GAD itself disclosed that the perusal of the status report submitted by the 5 Departments revealed that they have reiterated status reports filed earlier indicating therein that no development has taken place since the filing of the earlier status reports.
During the course of arguments Advocate S.S. Ahmed drew the attention of the Division Bench to the order passed by the Court on April, 4, 2014 when the Division Bench headed by then Chief Justice M.M. Kumar (since retired) had expressed annoyance over the lackadaisical approach of the State Government in the non-finalization of the 147 Departmental Enquiries and the Division Bench had castigated the State Government for concealing from the Court the particulars of the officers facing departmental enquiries and had directed the GAD to have a time bound action in the matter. Advocate Ahmed further submitted that subsequently the Division Bench passed various orders from time to time directing the GAD to expedite the disposal of the enquiries and various status reports came to be filed indicating the progress but in the last status report the GAD expressed its helplessness in view of the indifferent attitude of 16 Administrative Departments.
At this stage the Division Bench headed by Chief Justice N.Paul Vasanthakumar expressed its anguish over the non-finalization of the 147 Departmental Enquiries and the Division Bench asked the Advocate General Jahangir Iqbal Ganai for the reasons of delay in the finalization of 147 departmental enquiries in the open court.Advocate General Jahangir Iqbal Ganai with Government Advocate Ahtsham Bhat submitted that 13 Departments viz. Public Works, CAPD, Finance, Technical Education/YSS, PHE I&FC, School Education, Higher Education, Revenue, Housing and Urban Development, Social Welfare, Agriculture Production, Planning and Development, Industries and Commerce have not responded to the various directives/communications issued by GAD towards the finalization of the departmental enquiries. The Advocate General further submitted that even the 5 Departments which responded have not achieved further progress in the enquiries, he said while referring to the last status report.
After considering the submissions from both the sides, the Division Bench expressed its displeasure over the 13 Administrative Secretaries and impleaded them as party respondents in the ongoing public interest litigation. The Division Bench issued notices to them which were accepted in the open court by the Advocate General J.I. Ganai with Government Advocate Ahtsham Bhat. The Division Bench further directed the 13 Administrative Secretaries to file the status report with regard to the pending departmental enquiries within two weeks from today failing which they were directed to remain present in person.Looking into the public interest involved in the matter the Division Bench fixed this PIL for further consideration on February, 23 this month. (CNS)