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HC asks govt to file status report on corruption cases

Kashmir Times. Dated: 7/22/2015 1:03:44 PM

JAMMU, July 21 (JNF): In Public Interest Litigation (PIL) highlighting delay in granting sanction in corruption cases, Division Bench of the State High Court directed General Administration Department (GAD) to file a detailed status report within a period of four weeks reflecting steps taken by various departments pursuant to instructions and decisions taken by GAD with regard to the finalization of 147 departmental enquiries.
In much publicized PIL filed by Sheikh Mohammad Shafi & Professor SK Bhalla, DB comprising Justice Dhiraj Singh Thakur and Justice Janak Raj Kotwal directed GAD to file a detailed status report within a period of four weeks reflecting steps taken by various departments pursuant to instructions and decisions taken by GAD with regard to the finalization of 147 departmental enquiries. The Division Bench further observed that Senior AAG Seema Shekhar shall also file a status report with regard to the steps taken by the government for purpose of making the State Accountability Commission (SAC) functional and steps taken in notifying the Jammu and Kashmir Accountability Commission (Non-Gazetted) Recruitment Rules, 2015.
When this PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the PIL drew attention of Division Bench to the detailed order passed by Division Bench on May, 13, 2015 whereby Division Bench had sought the status of the 147 ongoing departmental enquiries and also explanation of GAD Secretary as to why various delinquent officers were allowed to superannuate when there were departmental enquiries pending against them.
Advocate SS Ahmed drew attention of Court to status report filed by GAD and after going through the said status report, Division Bench observed that in the status report it is submitted that Administrative Secretaries of the various Administrative department have been directed by GAD vide letter dated June, 19, 2015 to furnish status report with regard to all cases where departmental enquiries are pending. The concerned departments have further been directed to follow various instructions as reflected in the status report, inter alia, to conclude the enquiries pending before concerned authorities within a period of one month, with approval of competent authorities.
DB further observed that it is also stated that pursuant to directions issued by this court, GAD is regularly monitoring the issue with regard to the departmental enquiries. DB further observed that from the status report, so furnished, it appears that one month’s time, which was granted to Administrative departments to furnish the requisite details, appears to have lapsed on July 19, 2015 as to how various departments have responded to communication dated June, 19, 2015, issued by GAD and details of the action taken by those departments in line with the instructions and decisions taken by GAD, requires to be seen by this Court.
With these observations and directions, Division Bench directed Senior AAG appearing on behalf of GAD to file a detailed status report within a period of four weeks reflecting the steps taken by the various departments pursuant to the instructions and decisions taken by GAD.