JAMMU, Dec 15: It is a legal preposition of law that delay in justice is denial of justice, which has been proved by officers of Public Service Commission & Rural development Department. A writ petition, SWP No 1674 of 2013 was filed by one Rajesh Gupta, Executive Engineer, REW for release of grade of Xen from feb.1996, SE REW from 2008 along with posting as SE REW Jammu. It has been observed from the documents that the case of the officer was discussed by PSC/DPC in 2004 and was deferred malafiedly for some pending LPA. The grade of Xen was released in favour of others with the observation subject tooutcome of any pending writ/LPA in the Hon’ble court.
It has been noticed that LPA No 185/01 & LPA 453/01 were pending against all the Executive Engineers but for vested considerations, RDD released grade in favour of others vide Govt. order No. 196-RD 0f 2005 dated 31.08.2005. Thereafter again released the grade of SE in favour of other vide Govt. order No. 08-RD 0f 2008 dated 3.01.2008 with the condition subject to outcome of writ petition if any pending in court of law.
It is a matter of great concern to mention here that LPA 185 of 2001 itself was filed by RDD & both the LPA’s were decided by the Hon’ble High court on 11.09.2015, than how the grades were released without outcome, which was the condition in the order fixed by the PSC/DPC, speaks about the vested interests of the officers of the department to release the higher grade with pending LPA.
It is a very serious matter to publicize that in SWP 1674/13, officers of RDD filed an Affidavit that the petitioner as well others, who had been even retired as Superintending Engineers are not qualified but in SWP No. 328/2011, LPA No. 56/2004& in one another SWP, RDD has filed that they are qualified is needed to be enquired by a high level committee.
It is a very interesting story again that Present Secretary filed statement of facts in the HHC in 6/15, in which he agreed that the appellant is qualified & his case was discussed in PSC/DPC on 16.12.2004 & deferred. Some other communications speaks that the officer’s case is genuine but what about the officers, who wasted the valuable time of the HHC by filing false affidavits & what actions Govt. will take against them. It speaks that how the innocents are harassed by the Govt.
However, HHC in order dated 09.03.2015 disposed the petition with the directions as “……To consider the petitioners claim as projected in the writ petition & pass consideration order with in a period of six weeks….” But not bothered by the officers. Appellant was constrained to file contempt petition No. 158 of 2015 & HHC on 09.05.2015 ordered to file compliance report in two weeks. On 03.07.2015, Justice Tashi Rabstan ordered for personal appearance of Secretary, Public Service Commission. Thereafter case could not reached, however HHC on 11.09.2015 after hearing the appellant in person listed the case on 17.12.2015.
It is pertinent to mention here that vide Govt. order No. 743 GAD of 2007 dated 28.06.2007, it was established as “Promotions of a Govt. employee shall take effect from the date, he has been formally put in charge of the higher post subject to his eligibility in accordance with the recruitment rules & availability of the vacancy. His clearance/regularization shall take effect from date of his placement against the higher post or availability of vacancy or the date his eligibility, whichever is later. The said order was passed in compliance with directions of the Hon’ble Supreme Court of India passed in Suraj Perkash Gupta v/s State of J&K. on the report of high power committee vide Govt. order No. 107-GAD of 2002 dated 16.01.2002.
The said order of 2002 was passed in compliance to Cabinet order to set up a system for promotions but nobody bothered for that needed to be enquired by a high level committee. Guidelines provided as “In cases where promotions have not been regularized for years, the departments should ensure that DPC is convened immediately for their clearance. They should also ensure that conditions responsible for such delays donot occur in future. In such cases the promotion should be made with retrospective effect from the date of occurrence of vacancy or date of acquiring eligibility whichever is later”
Shall Hon’ble Courts, Govt. or Crime branch take some strict actions on such like officers for justice to innocents?
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