Mufti Govt. brings tainted lot
back to prize postings
Ahmed Ali Fayyaz
_______
SRINAGAR, Oct 20: Voted to rule on the promise of providing ‘clean administration’, ‘good governance’ and ‘corruption-free administration’, Mufti Mohammad Sayeed’s coalition in Jammu and Kashmir has brought over half of the tainted lot of the officials to their prize postings within months of labelling many of them as ‘deadwood’ and ‘liability’.
More than half of the officers and bureaucrats shifted to new places of posting on Monday are those who had been transferred in one or two reshuffles a few months back. In total disregard to the government’s transfer policy, some of them have been shifted from one to other place more than three and four times in the last one year.
Reinstated back to his favourite position of MD J&K Projects Construction Corporation, Daleep Thusu had been previously removed from the Corporation on charges of issuing allotments on exorbitant rates and alleged embezzlement of funds in the infamous construction of Ganpath Bridge over Chenab in Doda. On March 16 this year, when Thusu was working as Secretary Sports Council, Mufti government removed him without new posting in its first administrative reshuffle.
If well-placed bureaucratic sources are to be believed, Thusu’s name figured among the officials to be declared as “deadwood” and terminated by the PDP-BJP government. However, Minister of Works Syed Altaf Bukhari intervened and his telephonic instruction to Commissioner-Secretary General Administration Department at the eleventh hour rescued Thusu. On October 16, Thusu was yet again appointed as MD JKPCC even as he is facing serious charges in the case investigated by State Vigilance Organisation.
While as Tariq Ali Mir, who had been earlier attached over orders of Minister of Education Naeem Akhtar, managed his return inspite of serious charges (during his tenure as Director School Education Kashmir) had been already brought back to the sheen on August 21, two more of the officers removed unceremoniously were given new postings yesterday.
Dr Ghulam Nabi Qasba, who had been removed as Commissioner Srinagar Municipal Corporation and attached on March 16, was yesterday appointed as State Director of National Livelihood Mission. Talat Parvez Rohella, who had been removed unceremoniously as DC Baramulla and attached on March 16, has been appointed as Director Floriculture Kashmir.
After serving as Director of Tourism for three years and holding the charge of MD J&K Cable Car Corporation, Rohella had been appointed as DC Baramulla by Governor Narendra Nath Vohra’s government on January 27, 2015. On serious charges against him, Mufti’s government removed and attached him on March 16.
General Administration Department served on Rohella memo of charges vide No: GAD(Ser.)KAS/63/99 Dated 8-5-2015. In July, former Chief Secretary Iqbal Khanday managed to stonewall a proposal of Vigilance investigation against Rohella. However, as an eyewash, Government ordered a formal departmental inquiry against him and Chief Secretary, according to sources, got one of his confidantes, namely Commissioner-Secretary Mohammad Ashraf Bukhari, appointed as Inquiry Officer.
Mr Bukhari was appointed as Inquiry Officer to investigate charges against Talat Parvez Rohella vide GAD’s Order No: 1010-GAD of 2015 Dated 24-7-2015. Without regard to the inquiry and without learning why the Inquiry Officer had not submitted his report in the last three months, Government on October 20 appointed Rohella as Director Floriculture Kashmir. “This is just an initiative to get him back. He is tipped to get one of the prize postings in the next reshuffle”, revealed an official source.
Insiders claimed that as a “significant development”, former Chief Secretary Iqbal Khanday recommended Rohella, KAS-1999, for induction into Indian Administrative Service between the day chargesheet was served on him and Bukhari was appointed as Inquiry Officer. Vigilance clearance was not sought for the favourites of the former Chief Secretary though some of them were facing extremely serious charges. Even after the change of Chief Secretary, Rohella managed to get himself appointed as Director Floriculture yesterday.
STATE TIMES is hereunder exclusively producing the full chargesheet served on Talat Parvez Rohella even as the inquiry is still pending with Commissioner-Secretary Agriculture Production Ashraf Bukhari:
Articles of Charge
I
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, adjusted various Class-IV officials against the posts of Junior assistants, otherwise falling within the direct recruitment quota, on temporary/stop-gap basis, pending selection of the suitable candidates against these posts through Services Selection Board, to which these posts were referred to for being filled-up in accordance with the rules. These officials were even allowed the charge allowance for their temporary/stop-gap placement against the direct recruitment posts of Junior Assistants. The officer, as such, violated the guidelines regarding streamlining the cadre management of the gazette and Non-gazetted services, issued vide Government Order No. 107-GAD of 2002 dated 16.1.2002, pursuant to approval of the State Cabinet to the report of High Power Committee in the case titled Suraj Prakash Gupta Vs State and others. The officer also acted in breach of Article 87 of J&K CSRs regarding admissibility of the charge allowance and Government instruction below article 85 of the J&K CSRs, providing that while making officiating arrangements, only such officials shall be appointed, who satisfy all the requirements for higher appointment, and that arrangement so put in place should stand the scrutiny of the Departmental Promotion Committee etc. The said act on the part of the officer tantamounts to violation of the Government rules and instructions relating to maintaining the quotas for various sources of appointment and the laid down procedure to be followed while making temporary/stop-gap arrangements and sanctioning payment of charge allowance, with a view to conferring undue benefit upon these officials and causing loss to the state exchequer.
Articles of Charge II
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed M/S Kashmir Art Quest, Srinagar, to establish an Art Gallery in the Tourist Reception Centre, Srinagar presently under construction and yet to be handed over by the Executing Agency to the Tourism department, and also permitted conversion of the Main Hall on the first floor of the said building, without seeking approval of the Administrative Department, moreso when the original architectural plan of the Tourist City Centre did not include any plan for such an Art Gallery. The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions contained in J&K Employees (Conduct) Rules, 1971. The said act of allowing a particular agency to use prime property of the Government without following any norms, on the part of he officer tantamounts to violation of Rule 3 of J&K Employees (Conduct) Rules, 1971.
Articles of Charge III
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed establishment of an Art Gallery in the Tourist Reception Centre, Srinagar, to a particular agency, without any ‘Expression of Interest’ and also without entering into an agreement regarding finalization of the modalities in so far as revenue generation model is concerned. On the contrary, the expenses to the tune of Rs. 10.09 lacs for furnishing the said space, by providing furniture (amounting to Rs. 4.91 lacs), IT/Technical Support (amounting to Rs. 4.58 lacs) and Stationery (amounting to Rs. 0.50 lacs), were incurred which were borne by the Directorate of tourism, without the knowledge and approval of the concerned Administrative Department. Moreover, the fee on account of use of electricity was also waived off. The said act, of conferring undue benefit upon a particular agency, on part of the officer, in violation of Rule 2.16 of Chapter IV of J&K Financial Code and procedure for permitting use of government property and waiver of the electricity fee, tantamounts to commission of financial irregularity, misuse of official position and acting beyond the competence.
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, adjusted various Class-IV officials against the posts of Junior assistants, otherwise falling within the direct recruitment quota, on temporary/stop-gap basis, pending selection of the suitable candidates against these posts through Services Selection Board, to which these posts were referred to for being filled-up in accordance with the rules. These officials were even allowed the charge allowance for their temporary/stop-gap placement against the direct recruitment posts of Junior Assistants. The officer, as such, violated the guidelines regarding streamlining the cadre management of the gazette and Non-gazetted services, issued vide Government Order No. 107-GAD of 2002 dated 16.1.2002, pursuant to approval of the State Cabinet to the report of High Power Committee in the case titled Suraj Prakash Gupta Vs State and others. The officer also acted in breach of Article 87 of J&K CSRs regarding admissibility of the charge allowance and Government instruction below article 85 of the J&K CSRs, providing that while making officiating arrangements, only such officials shall be appointed, who satisfy all the requirements for higher appointment, and that arrangement so put in place should stand the scrutiny of the Departmental Promotion Committee etc. The said act on the part of the officer tantamounts to violation of the Government rules and instructions relating to maintaining the quotas for various sources of appointment and the laid down procedure to be followed while making temporary/stop-gap arrangements and sanctioning payment of charge allowance, with a view to conferring undue benefit upon these officials and causing loss to the state exchequer.
Articles of Charge II
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed M/S Kashmir Art Quest, Srinagar, to establish an Art Gallery in the Tourist Reception Centre, Srinagar presently under construction and yet to be handed over by the Executing Agency to the Tourism department, and also permitted conversion of the Main Hall on the first floor of the said building, without seeking approval of the Administrative Department, moreso when the original architectural plan of the Tourist City Centre did not include any plan for such an Art Gallery. The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions contained in J&K Employees (Conduct) Rules, 1971. The said act of allowing a particular agency to use prime property of the Government without following any norms, on the part of he officer tantamounts to violation of Rule 3 of J&K Employees (Conduct) Rules, 1971.
Articles of Charge III
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed establishment of an Art Gallery in the Tourist Reception Centre, Srinagar, to a particular agency, without any ‘Expression of Interest’ and also without entering into an agreement regarding finalization of the modalities in so far as revenue generation model is concerned. On the contrary, the expenses to the tune of Rs. 10.09 lacs for furnishing the said space, by providing furniture (amounting to Rs. 4.91 lacs), IT/Technical Support (amounting to Rs. 4.58 lacs) and Stationery (amounting to Rs. 0.50 lacs), were incurred which were borne by the Directorate of tourism, without the knowledge and approval of the concerned Administrative Department. Moreover, the fee on account of use of electricity was also waived off. The said act, of conferring undue benefit upon a particular agency, on part of the officer, in violation of Rule 2.16 of Chapter IV of J&K Financial Code and procedure for permitting use of government property and waiver of the electricity fee, tantamounts to commission of financial irregularity, misuse of official position and acting beyond the competence.
Articles of Charge
IV
Mr. Talat Parvez Rohella, KAS,
while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to
January, 2015, did not adhere to the budgetary ceiling fixed by the Publicity
Committee in respect of the Head “Advertisement and Publicity”. Although the
expenditure on the date of Administrative Inspection, made by the Committee of
officers deputed by the Tourism Department, was 463.48 lacs only, yet the
clearance of the under process bills, amounting to Rs. 395.98 lacs, would mean
that the liabilities to the tune of Rs. 209.46 lacs have been created over and
above the sanctioned budget of Rs. 650.00 lacs. The said act, on the part of
the officer amounts to financial indiscipline and violation of the General
principles and restrictions relating to the expenditure contained in Rule 2.16
of Chapter IV of the J&K Financial Code and Instruction No. 3.15 of the
Book of Financial Powers.Articles of Charge V
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed alterations/deviations in the original design of the Tourist City Centre, by adding some new items and deviating from the original DPR, without obtaining the administrative approval to undertaking any such work, which activity has amounted to revision in the DPR and creation of liabilities. Some major deviations are:
1. Central Heating
2. Brick cladding
3. Reconstruction of Block-B
The officer, thus acted beyond his competence, as provided in the book of Financial Power. This act on part of the officer tantamounts to misuse of official position and violation of principles laid own in Note below Rule 3.15 of book of Financial Powers.
Articles of Charge VI
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, engaged 482 persons as Need Based Workers, most of whom were engaged by the officer on the recommendations of the political functionaries, moreso when he was not authorized to make such engagements. An expenditure to the tune of Rs. 27.00 lacs, under non-plan, was incurred during the current financial year on this account. A ban was imposed on the engagement of Casual Labourers or the Seasonal Labourers vide SRO-64 Dated the 24th of March, 1994, in which among other things it was envisaged that the competent authority may engage Casual Labourer or Seasonal Labourer in any of the departments to be specified by notification from time to time by the Government. In pursuance of the said rule Government Order No. 239-F of 2005 dated 29.11.2005, 105-PD of 2010 dated 25.10.2010 and 138-F of 2013 dated 29.5.2013 was issued authorizing various departments to engage Casual/Seasonal Labourers on Need Basis. None of these orders mentions Tourism Department as one of the authorized departments, leave aside mentioning about Director, Tourism being delegated the powers in this regard for making such engagements. The act of engaging various Need Based Workers by the officer tantamounts to the violation of SRO-64 Dated the 24th of March, 1994, read with the aforesaid government Orders, and Commission of irregularities amounting to failure on part of the officer in maintaining absolute integrity and exhibiting conduct unbecoming of a public servant.
Articles of Charge VII
Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, projected additionality of Rs. 1330.00 lacs over and above the Annual Plan 2014-15, allocation whereof was Rs. 2245.75 lacs. The said act on the part of the officer to create work done liability over and above the plan allocation tantamounts to violation of the General principles and rules contained in Chapter 3 of the Book of financial Powers ….”
END
[Published in STATE TIMES]
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