Rahil Gupta
JAMMU, Feb 24: Governor has recently ordered to prepare the list of non performing officers. It is the need of the day to publicize by Cross Town News here the wrongs done by the previous Governments to compulsory retire the Govt. officers in violations under Art. 226 itself.
It is pertinent to mention here that what is Art.226. for compulsory retirements issued by Govt. itself vide No. GAD(Adm)71/2003 dated 01.04.2003 & Supreme Court orders crystallized in various judgments, which clearly speaks as:-
- For better administration, it is necessary to chop off dead wood, but the order of Compulsory retirement can be passed after having due regard to the entire service record of the officer.
- The order of Compulsory retirement shall not be passed as a short cut to avoid departmental enquiry.
- If the officer was given promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.
- Compulsory retirement shall not be imposed as a punitive measure. Last five years APR’s should be considered while passing such harsh order.It is a matter of concern to mention here that Govt. has not followed these guidelines in lot of cases while passing order of compulsory retirement.
It is pertinent to mention here that one officer was compulsory retired vide Govt. Order No.471 GAD of 2005 dated 26.04.2005 on the fabricated report of CID submitted to Chief Secretary, vide No.NGO/EMP(C)/2698-99 dated 19.10.2004. It is very strange to mention on the directions of Hon’ble High Court, the same office of CID vide dated 29.03.2010 communicated that “CID ONLY SHARE INPUTS & BEING INTELLIGENCE AGENCY DON’T GATHER DOCUMENTARY EVIDENCE”. It was also mentioned that before taking actions the matter would have been verified by Vigilance or Crime.
It is a matter of great concern to be verified by the Governor that if the agency on whose report the competent officers of the state was retired should be taken to task , three of them retired as Chief Secretary’s, Commissioner, Law & one as Chairman, PSC. Govt. rewards such like officers, which are in real deadwoods. Because on HHC directions the same agency on which the officer was retired refuted their report. Supreme Court clearly speaks that no such action can be taken on the report of CID alone but who bothers in this state under Art.370. It is also to mention here that Apex Court of India quashed the order of the officer with the observations as “The order passed by the Govt. suffers from the vice of Arbitrariness” but who is responsible for damage caused to reputation of officer. Shall any be made responsible?
It is as such urged to Governor that before taking such kind of actions on innocents in near future he should personally go through the Art.226 of J&K CSR & latest guidelines/orders passed into the matter by the Apex Court to save innocents. Real deadwoods are enjoying the prize postings in the Govt. despite serious corruption cases. It is the need of the day to start from the Commissioner/Secretary’s from the Secretariat/heads A) by calling a detailed report of how many objections are withhold by them despite court orders which cause delay in justice.
B)how many files are not disposed of by this way or the other since long without reasons, who have violated Govt. orders/Bye Laws for sanction of Plans in JMC/JDA/SDA/SMC.
C) JDA/JMC/SDA/SMC sanctioned commercial plans without UTEIC, NOC after issuance of order dated 14.08.2001 for vested considerations.
D) Who permitted big commercial activity’s without permission in posh residential area of Jammu/Srinager.
E) How labour department is permitting the units falls under labour laws to work after fixed working time.
F) How many jobs not done by the departments within prescribed time as per PSGA of 2011.
G) Non implementation of Cabinet order by the officers for convening DPC within prescribed time fixed in Govt. order No. 107-GAD of 2002 dated 16.01.2002. H) Promoting officers without departmental actions recommended by Vigilance Org. vide No. CV-FIR-49/1991-J-6303-04 dated 07.12.1992 & CV-FIR-11/1995-J-2979-80 dated 18.04.1996 but only one officer harassed malafiedly by initiating departmental action after 18 & 22 years.
These are the main matters needed to be enquired first to find dead woods.Otherwise the axe will fall on maximum of the innocents & the culprits in actual shall again enjoy.
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