PDD's
TRANSFER INDUSTRY
Ahmed Ali Fayyaz
___________
SRINAGAR, Oct 30: Deputy Chief Minister and Minister of Power Dr Nirmal Singh’s unprecedented proposal of the transfer of 274 Assistant Executive Engineers (AEEs), out of the total strength of 400 in Power Development Department (PDD), has been botched up not only by the Principal Secretary of Power Sandeep Nayak and Law Secretary Ashraf Mir but also by Law Minister Syed Basharat Bukhari and Minister of State for Power Mohammad Ashraf Mir. Both the Ministers from BJP’s coalition partner, PDP, have refused to be part and parcel of the dubious transfer industry, based in Jammu in this particular case.
Completing a four-month-long dubious exercise, which allegedly had characters spread from Jammu University to electric goods dealers in Gumat Chowk of Jammu, Dr Singh prepared a list of 274 AEEs and directed the Power Secretary Nayak on September 16 to issue their transfer orders with the postings shown against each by the Minister himself. Most of the proposed transfers were premature and in flagrant departure of the Government’s transfer policy.
Dy CM’s family
interest fails to pass off as ‘public interest’
PDP’s Ministers refuse to be part of Jammu-based transfer industry; Power
Secretary, Law Secretary, MoS Power, Law Minister turn down Nirmal Singh’s
transfer list of 274 AEEsAhmed Ali Fayyaz
___________
SRINAGAR, Oct 30: Deputy Chief Minister and Minister of Power Dr Nirmal Singh’s unprecedented proposal of the transfer of 274 Assistant Executive Engineers (AEEs), out of the total strength of 400 in Power Development Department (PDD), has been botched up not only by the Principal Secretary of Power Sandeep Nayak and Law Secretary Ashraf Mir but also by Law Minister Syed Basharat Bukhari and Minister of State for Power Mohammad Ashraf Mir. Both the Ministers from BJP’s coalition partner, PDP, have refused to be part and parcel of the dubious transfer industry, based in Jammu in this particular case.
Completing a four-month-long dubious exercise, which allegedly had characters spread from Jammu University to electric goods dealers in Gumat Chowk of Jammu, Dr Singh prepared a list of 274 AEEs and directed the Power Secretary Nayak on September 16 to issue their transfer orders with the postings shown against each by the Minister himself. Most of the proposed transfers were premature and in flagrant departure of the Government’s transfer policy.
While
as 9 senior AEEs were proposed to be attached, all the 40 AEEs were proposed to
be repatriated from Jammu and Kashmir State Power Development Corporation (PDC)
to the PDD. In turn, 64 AEEs from PDD were proposed to be sent on deputation
against 40 vacancies in PDC---excess of 24. In a similar order previously, PDD
under Dr Singh’s command had posted even a retired engineer while as two
engineers had been posted against one vacancy.
Under
note para no: 655 on the file, Dy CM forwarded the entire list, with proposed
postings, to Power Secretary with the written direction: “The following
transfers and posting of i/c Assistant Executive Engineers is hereby ordered.
Premature transfers, if any, and, departure from transfer policy, if any, are
also approved in public interest”.
During
examination of the proposal, PDD pointed out all the lacunae and flagged that
PDC could not be burdened with excessive staff and 17 AEEs could not be deputed
against only 7 existing vacancies in the Corporation.
Note
para: 663 of a deputy secretary reads: “It may also be mentioned that 9 senior
AEEs are desired to await further orders in the offices of Chief Engineers. As
is evident, they would be without any work, and in a situation where 37 of
their juniors are being given functional postings, it would be very
demoralizing for our human resource in general and the affected officers in
particular if they are practically attached and kept without work, particularly
in circumstances when there is nothing to attribute the misfortune that is to
befall them, to any deficiency in their working”.
Nayak
returned the file to Dy CM with his observations and urged him to “review” the
transfer proposal. He recorded that “Business Rules and the Manual of
Secretariat Procedure” had to be followed. This obviously evoked Dy CM’s ire.
Vide letter No: PS/HDCM/885/2015 dated 29-09-2015, Nayak was asked to explain
his conduct and threatened that the matter of his recalcitrance would be
complained to Government of India.
On
October 5, Dr Singh again directed Power Secretary to immediately issue the
transfer order “in the interest of the administration” and “as has been
approved by the undersigned at note para 655-656”. On the same day, under Note
para: 673, he responded to the Dy CM with the argument that sending a complaint
to the Centre and seeking an explanation from him was “beyond the competence of
the authority”.
Power Secretary threatened
Power
Secretary Nayak wrote: “It is an attempt to browbeat the undersigned into doing
things which are in violation of standing law/rules”. He pointed out that on
one hand Dr Singh had slapped an explanation on him but, on the other hand, he
had on the same date ordered him to appoint directors in the four
PDD-controlled companies.
“The
Minister i/c Power (HDyCM) is not the competent authority to decide the issue
under the Business Rules and to ask the undersigned to issue orders, as the
competent authority to decide the issue is Hon’ble Chief Minister”, wrote the
senior IAS officer. He added that Dy CM’s letter dated September 29 “is
perceived as a threat to the undersigned and the undersigned is obliged to act
only in accordance with the Rules of Business and no threat whatsoever,
masquerading in whatever form, can force the undersigned to act in any other
manner”.
In
the concluding Note para: 675, Nayak recorded for Dy CM on October 5: “The mass
scale transfer (note para 655-656) has been framed by Minister i/c Power
(HDyCM) himself. No proposal was submitted by the administrative department and
mass scale transfers in an essential service department like PDD is not and
cannot be in the interest of administration as it has the potential to derail
the smooth functioning of the department”. He recorded that Dy CM’s transfer
proposal is in violation of the existing transfer policy approved by the
Cabinet and notified by GAD vide Government Order No: 861-GAD of 2010 dated
28-10-2010.
In
note para: 676, Nayak proposed that administrative department “shall submit a
duly considered proposal in accordance with the requirements of the Department
and by following the extant transfer policy”.
MoS
Power Mohammad Ashraf Mir agreed verbatim. On October 7, he wrote on the file:
“Agreed with para 676 there shall not be any departure/deviation from existing
transfer policy”. He proposed: “Regarding issue of Business Rules and Manual of
Secretariat procedure raised by Administrative Secretary, clarfification from
Law department be sought before proceeding further”.
On
October 12, Law Secretary Ashraf Mir recorded: “We may advise the department to
settle the issue in terms of the policy laid down by the Govt”.
Significantly,
after Deputy CM’s threat of resignation to Chief Minister Mufti Mohammad
Sayeed, Nayak was unceremoniously removed and posted in Relief and
Rehabilitation Department on October 19.
Most
importantly, even after Nayak’s transfer, Law Minister Basharat Bukhari gave
the final opinion on October 23 and dismissed Dy CM’s transfer proposal list “a
random exercise". He observed : “Para 655 of the departmental file
suggests/ indicates in the open lines that, (“Premature transfer, if any, and
departure from policy (transfer) if any, are also approved in the public
interest”), the department is not itself sure whether there are any premature
transfers/ deviation of transfer policy in the said list, so how it can be
treated or termed as public interest. Hence seems a random exercise”.
Bukhari
added: “Department must apply full mind and follow set procedures already
notified by the govt from time to time in such matters. Even if there arises a
need to affect premature transfers in the interest of administration, the
reasons should be recorded for such urgency/ act by the competent authority”.
With
that the chapter stands closed.
END
[Published
in today's STATE TIMES ]