Parteek Mahajan

JAMMU, Jan 17: Classification Control & Appeal  rule of 1956 has restricted officers for their powers but in the state of Jammu & Kashmir  lot of officers are habitual to misuse powers.

There are lot of such kind of stories with CTN but shall be published one by one to show the face of such kind of officers, who had been made kings by the Government.                                        

Two RDA were ordered by VOJ vide No. CV-FIR-49/91-J-6303-04 dated 7-12-1992 & CV-FIR-11/95-J-2979-80 dated 18.04.1996 in FIR NO. 49/1991 & 11/1995 against some officers of RDD. Reminders were issued  by  GAD(Vigilance) vide dated 11.12.2003, 23.12.2004, 29.02.2005 followed by 09.04.2013 but no actions were initiated for 21 years reasons known to the officers.                                      

It is pertinent to mention here that if ATR was pending against the officers on both the FIR’s  till 25.11.2014 as per information received through RTI how the officer involved  in RDA were promoted to Super time KAS & Xen/AEE.

 It is a matter of great concern that only to harass one officer in same FIR, Farooq A.Peer, IAS vide Govt. order No. 41-RD&PR of 2014 dated 03.02.2014 & 331-RD&PR of 2014 dated 24.12.2014 making a gap of 10 months appointed other honest Shafiq A. Raina IAS as enquiry officer.                                    

As reported applicant provided all the concerned records to Shafiq Raina then Director, RDD now as Secretary, CAPD. It is pertinent to mention here that the said officer was compulsory retired by Govt. in 2005 & the said FIR’s were taken in consideration by high court & Supreme court as one of the reasons for his retirement.

Supreme court in quashment of order  of compulsory retirement has clearly mentioned in para 28 that “Inspite of recommendations, it has been not disputed before us that no departmental action was ever initiated against the applicant” In fact after the completion of the investigation into FIR,s the applicant was promoted as Xen in 15.02.1996”.                                  

Art.20(2) of constitution of India says that one cannot be waxed twice for one cause of action but these two state made officers known for honesty & competence did the illegality speaks of vested considerations.  Shafiq Raina in letter dated 27.10.2014 categorically commented to Govt. as “I am the considered view that the officer has been careless in his supervisory role as AEE as such recommended the officer may be Censured”. It is a matter of enquiry that which the parameter be used to see the carelessness of the officer in the RDA of 22 years.                              

Director RDD vide No. 101 dated 22.11.1988 in which Assistant Engineer was entrusted school buildings executed in his presence not the AEE. The censured officer was AEE, then how he can be censured.  Judgment was passed by Special Judge Anti corruption dated 11.01.2005 in which all were exonerated but the big boss Shafiq A Raina in violation of Supreme Court, Vigilance Court orders malafiedly Censured only one out of four charged in RDA is a matter of enquiry.                              

Applicant filed review as per Rule 55 of Classification, Control & Appeal Rules of 1956 followed by Appeal to Commissioner/Secretary, RDD with due receipts but both showed their supreme powers over all laws is a matter of enquiry to teach a lesson to such like officers.                             

This action of Shafiq A.Raina caused delay in promotion of the applicant along with mental  torture to follow the case here & there but who bothers for innocents in the state.

Shall Chief Minister look into that why only one harassed in ATR initiated after 22 years & others in the same FIRs promoted by the authorities which speaks of open vested considerations of the officers?