Srinagar, Sep 26: J&K Govt orders regarding initiation of RDA against Er. Pirzada Afaq Ahmad, the then Executive Engineer, Tourism Department, Kashmir but in Veri.No.SLK-24/2016. Details with CTN read as under:-
WHEREAS, the General Administration Department, vide O.M. No. GAD(Vig)12- RDA/2021 dated 17.03.2021, forwarded communication No. ACB/Veri-SLK-24/2026-1680-81 dated 29.01.2021, along with its enclosures, recommending initiation of Regular Departmental Action (RDA) against the Er. Pirzada Afaq Ahmad, the then Executive Engineer, Tourism Department, Kashmir, in terms of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and the instructions issued vide Circular No. 06-JK(GAD) of 2010 dated 03.02.2020; AND
WHEREAS, the Anti-Corruption Bureau, in its aforesaid communication, has intimated/alleged that:
i. A verification was initiated based on a complaint lodged by Shri Ashiq Rafiq Khan against certain officers/officials of the Tourism Department, namely Shri Peer Afaq, Executive Engineer, Er. Farooq Ahmed, Junior Engineer, Shri Manmohan Singh and others, alleging, inter alia, that the Tourism Department had become a hub of malpractices and that the aforesaid officers/officials, by abusing their official positions and in violation of the prescribed rules and procedures, had allotted works, granted extensions of time, executed supplementary agreements and got works executed through SICOP; and had also unlawfully extended earlier allotments during the year 2015-16, allegedly in consideration of bribes, besides extending undue favour to a particular section of contractors.
ii. During the course of verification, it came to light that 292 works were executed by the Tourism Department, Kashmir, during the year 2015-16, based on tendering as well as direct agreements. Out of these, 147 works were found to have been executed through the tendering process, whereas 145 works were executed departmentally.
iii. Regarding the 147 tendered works, it has been found that 76 works were completed without extensions, but a large number of extensions were granted during execution of 71 works. The justification provided by the concerned Department was restoration of Amarnath Ji Yatra, Chief Minister's commitment, Pilgrimage sites on the eve of annual Urs and post 2014 floods etc. The total allotted cost of all the tendered works was *1689.03 lakhs whereas the extensions so given in the said 71 works were of *1087.72 lakhs.
iv. During random spot inspection, the works so executed on tendering/direct agreements were checked and found satisfactory on the ground.
V. The amount so granted on extensions has been utilized; however, the extensions so given were found to be too huge without even getting technical sanction and accord of Administrative approval for extensions to be justified by the reason put forth by the Department, which is not logically accepted. The extensions on tendered works and execution of works without tenders amount to gross violation of procedures/codal formalities for which the responsibility of then Executive Engineer, Tourism Department Kashmir, namely Pirzada Afaq Ahmad stands, who remained posted there from May-2015 to November-2016. AND
WHEREAS, the Anti-Corruption Bureau recommended initiation of Regular Departmental Action (RDA) against the in-service public servant, namely Er. Pirzada Afaq Ahmad, S/o Pirzada Mohammad Mubarak, R/o Nowpora, Srinagar, A/P Chanpora, Srinagar, the then Executive Engineer, Tourism Department, Kashmir; AND
WHEREAS, the matter was examined in the Department and, thereafter, the Articles of Charge, Memorandum of Charges and Statement of Imputations were served upon the delinquent Engineer through the Chief Engineer, PW(R&B) Department, Kashmir, vide communication No. PW(R&B)/HRM/23/2021-Vig dated 31.03.2021; AND WHEREAS, after issuance of reminders, the delinquent officer eventually submitted a detailed Statement of Defense, wherein he denied the charges and attributed the circumstances leading to the alleged irregularities to emergent circumstances; AND
WHEREAS, the delinquent officer superannuated from Government service on 31.01.2022. However, an Inquiry Officer was appointed vide Government Order No. 102- PW(R&B) of 2022 dated 17.03.2022; but, the said Inquiry Officer retired from service without submitting the requisite Inquiry Report in the matter; AND
WHEREAS, subsequently, a new Inquiry Officer and a Presenting Officer were appointed vide Government Order No. 104-PW(R&B) of 2025 dated 02.04.2025, who conducted the inquiry and submitted a detailed Inquiry Report vide No. SE/PMGSY/S/Estab/4277 dated 10.10.2025; AND
WHEREAS, upon perusal of the Inquiry Report, it has been observed that during the relevant period, i.e. May 2015 to September 2016, a total of 292 works were executed. Out of these, 147 works were tendered, having an allotted cost of ₹1,689.03 lakhs, of which 71 works were granted extensions amounting to 1,087.72 lakhs. The remaining 145 works were executed through Direct/Supplementary Agreements, involving an amount of *213.21 lakhs, without resorting to the tendering process; AND
WHEREAS, the core allegation against the delinquent officer is that, by resorting to execution of works through Direct/Supplementary Agreements and by granting extensions in respect of tendered works, the prescribed tendering/codal procedures were allegedly circumvented, thereby avoiding fresh tendering and compromising the principles of transparency, open competition and healthy competition amongst eligible contractors. AND
WHEREAS, the Inquiry Officer, upon examination of the relevant records, has observed that the cost overruns/extensions granted in respect of the aforesaid 71 works were attributable to multifarious and emergent circumstances, duly supported by the records available on the case file, including the following:
1. A number of the works pertained to restoration of public assets damaged during the floods of 2014 and were being closely monitored by the then Hon'ble Chief Minister.
2. Certain works were connected with arrangements for the Amarnath Ji Yatra and were being monitored by the then Governor, J&K.
3. Conservation/ Development of Shrine Sites: Certain works were related to the annual Urs celebrations at shrine sites and required expeditious execution in order to facilitate the visiting pilgrims. AND
WHEREAS, the Inquiry Officer reported that these works were undertaken on the spot directions of the then Hon'ble Chief Minister and other higher authorities, leaving no time for even short tenders.
This is supported by Tour Notes (10-06-2015 & 22-12-2015) and other documents submitted by the accused. The Anti-Corruption Bureau (ACB), vide its letter dated 29-01-2021, conducted random spot inspections and found the works satisfactory on the ground; AND
WHEREAS, the Inquiry Officer, in his detailed Inquiry Report, has made the following key observations and recommendations:
i. The long pendency of the case since March 2021 and the superannuation of the accused and consideration of the case under Article 168-A of J&K Civil Service Regulations, 1956. ii. All the post-retirement benefits, NDCs, pension, and even vigilance clearances for subsequent promotions were already issued in favour of the accused.
iii. It has been established that no requisite sanctions/approvals were taken for incurring direct/supplementary agreements or for executing works without tendering. However, the Inquiry Officer has qualified this lapse by acknowledging the emergent circumstances arising from the 2014 floods, instant directions from the highest quarters (the then Hon'ble Governor and Hon'ble Chief Minister), and the fact that tangible fiscal prudence guidelines (GFR 2017, Manual of Procurement 2019) were introduced later and also that the Vigilance Organization (now ACB) has held satisfactory nature of works executed. AND
WHEREAS, since the case involved the technical nature of the charges involving tendering procedures, financial approvals, and execution of works, the file, along with examination the complete Inquiry Report, was referred to the Engineer-in-Chief (Secretary Technical) for and the same has opined as under:-
"Though the works were executed without following the due codal formalities, the delinquent officer should have obtained the requisite approvals from the competent authorities in accordance with the Financial Code/rules in vogue before proceeding with the works, or alternatively, post-facto approvals should have been obtained thereafter, provided that such approvals did not lead to any change in the scope of work or violate CVC guidelines.
However, keeping in view the Inquiry Officer's report that the works were undertaken under emergent circumstances arising after the 2014 floods, including works relating to construction of religious structures/religious journeys, and in view of the ACB's report confirming the existence and satisfactory execution of works on ground, the circumstances cited cannot be entirely ruled out.
Further, it is noted that all post-retirement benefits and formalities, including issuance of NDCS, authorization of pension, and vigilance clearances by ACB for promotions and regularizations, have already been released/issued in favour ofthe accused officer from time to time.
As such, in view of the above, and considering that the case has remained pending for a considerable period and that the accused officer has superannuated from Government service, and recommended that displeasure be conveyed to the retired delinquent officer and the RDA be closed." letter AND
WHEREAS, the matter was also referred to the Anti Corruption Bureau vide dated 19-12-2025, for latest status of case including criminal proceedings, if any initiated; AND
WHEREAS, in response the Anti Corruption Bureau vide ACB/E-7677116/Veri- SLK-24/2016-9954 was dated 05/08/2026 has submitted that the subject verification SLK-24/2016 Engineer, concluded with the initiation of RDA against Pirzada Afaq Ahmad, the then Executive Administration Tourism Department Kashmir and the matter was forwarded to General Department vide communication violation of procedures dated 29/01/2021 from this Bureau.
The gross works as well as execution /codal formalities were surfaced as extensions stand granted on tender by Tourism of work without tenders etc. The same pertained to works executed May 2015 to Department Nov 2016. Kashmir and the delinquent Public servant remained posted there from Further, as As such, no question of registration of case in instant matter arises. capacity per record, the suspect was found indexed in Case FIR No.42/1998 PS VOK in the not of Assistant Engineer, JKPCC Srinagar & investigation of this case has been closed as Ahmad, proved. then Apart Executive from this, no case FIR is found registered against suspect Mr. Pirzada Afaq Engineer. AND
WHEREAS, the response received from the Anti-Corruption Bureau, as referred to herein above, along with the Inquiry Report and the material available on record, has been examined and considered thoroughly by the Department.
Upon consideration of the facts and circumstances of the case, the findings of the Inquiry Officer, the emergent circumstances prevailing during the relevant period, and the fact that the delinquent officer has since superannuated from Government service, the case was placed before the Competent Authority for final decision. AND
WHEREAS, the Competent Authority, after consideration of the matter in its entirety, has agreed to close the Regular Departmental Action (RDA) proceedings against the delinquent officer (now retired).
NOW, THEREFORE, with the prior approval of the Competent Authority [Hon'ble Deputy Chief Minister/ Minister-in-charge, Public Works (R&B) Department], the charges levelled against Er. Pirzada Afaq Ahmad, the then Executive Engineer, Tourism Department, Kashmir, are dropped and, consequently, the Regular Departmental Action (RDA) proceedings initiated against him are hereby closed.
However, in view of the procedural lapses noticed in the matter, the displeasure of the Competent Authority is hereby conveyed to the retired delinquent Engineer.
By Order of the Government of Jammu and Kashmir.
Sd/- (Anil Kumar Singh) IAS
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