Govt has no faith in Accountability Commission

CM, Peerzada, advisors, Chairpersons rush to High Court before being declared guilty

Ahmed Ali Fayyaz

SRINAGAR, Mar 4: They are all indisputably by law entitled to seek any relief from High Court. But, what the top functionaries of the Executive have conveyed by getting proceedings of Jammu and Kashmir Accountability Commission (SAC) stayed in last two weeks, is bizarre: They have no faith in the accountability watchdog they have been hailing invariably at all public meetings.

Everybody, from Chief Minister to Chief Secretary and Ministers to Commissioners, has been appreciating it as a proud achievement of the National Conference-led coalition government that Public Service Guarantee Act had been introduced, State Information Commission (SIC) constituted and the SAC revived in the last three years. Particularly in the last one year, there has been hardly a statement, press conference or public speech which has gone without claiming credit for these “revolutionary achievements”.

In a reality check, one counters little hardship to learn that over 95% of the public servants as well as public continue to be ignorant of PSGA. State Vigilance Commission has failed to get its Chairman and members since February 2011 when it was constituted. SIC was better placed in the sense that it got its Chairman and two members. Later, SAC too got its Chairman and one-odd member after years of suspended animation. While the SVO does not exist beyond a one-page Government Order, both SIC and SAC have been craving for staff and infrastructure. According to responsible sources in both the Commissions, neither staff nor infrastructure has been provided by the government’s Department of Law, Police and Judiciary. Repeated requisitions and communications to Law Secretary have fallen on deaf ears. Registrars, Secretaries and entire staff for SAC’s investigation cell have not been arranged.

“I am happy”, Chief Minister Omar Abdullah boastfully asserted at a public meeting at Magam last month “that my government has created a Commission (SAC) that is making the Chief Minister accountable”. His assertion came close on the heels of SAC asking the government how around a dozen legislators and non-legislator politicians had been appointed as heads of different statutory bodies and granted the status of Minister or a Minister of State. SAC’s notice to CM, his advisors and heads of various boards came when a petitioner questioned the legality of the government orders.

As everybody expected the government to come up with an explanation to satisfy the SAC, it dramatically changed the course and invoked ‘ad interim relief’ from the superior judicial forum---J&K High Court. As prayed, a judge of the High Court granted the relief. This happened at the primary stage, far before SAC found any of the respondents guilty. Rather than filing its affidavit and statement of facts, as demanded by SAC, Ministers---those on oath as well as without oath---and their superiors in the Executive doled out public statements in defence of the Government action. It was widely published that identical arrangements had been in place not only in previous successive governments in the state but also in the incumbent UPA government at the Centre.

Similarly, Minister of Public Enterprises Peerzada Mohammad Sayeed lost no time in rushing to the High Court and getting the proceedings against him stayed when SAC took suo motto cognizance of a matter of unfair means in which family members of the Minister were allegedly involved. Again, it happened at a preliminary stage when SAC desired to learn from the respondent if the matter reported in media was true and if he had any participation in it. Before the charges could be established and any recommendations against the Minister submitted to the Governor, he ran for relief.

Previously, Peerzada was among dozen-odd former Ministers and legislators who got the SAC proceedings, judgments and recommendations against them stayed from High Court. Contrary to the instructions from Supreme Court---that corruption related matters be given top priority in disposal---successive governments in the last 10 years made it a point that the status quo was not got quashed in a single matter. SAC itself was made defunct by not appointing its Chairman and members.

In a matter of established charges against a Cabinet Minister, as investigated and concluded by State Vigilance Organisation for nearly 25 years, sanction to the prosecution was denied by Chief Minister on the ground that it was an old case that came up repeatedly in sessions of Assembly and caused embarrassment to the government. SVO was directed to close the matter and file ‘Ikhtitami’ in an anti-corruption court with the plea that it was an old case and many of the witnesses had either retired or expired.

Now, all eyes are on Finance Minister Abdul Rahim Rather. Even as sources close to him insist that Mr Rather would appear, in person or through an attorney, and make it clear that the allegations against him---in the matter of making biometric cards for 5000 Secretariat employees---were “completely unfounded”, few in the state believe that he would not follow Peerzada, advisors and Chairpersons of statutory bodies.

This sequence of recent incidents does indeed come with ultimate relief for Ministers and other top functionaries in the government. But, at the same time, it raises a bigger question: If the creator-government does not have faith in SAC, why an ordinary citizen should?

END

Minister’s son under cloud in Rs 9 Cr TMT bar scam

Vigilance completes investigation, files FIR against Director SPD

Early Times Report

SRINAGAR, Feb 28:  In order to swindle a huge amount of money for the benefit of a Minister’s son from Srinagar, senior officials of Stores and Procurement Department (SPD) have acquired Thermo Mechanically Treated (TMT) bars of steel from a Jammu-based steel manufacturer and thus caused loss of Rs 3 Crore in the contract of Rs 9 Crore to the state exchequer. State Vigilance Organisation (SVO) has filed FIR against a Chief Engineer after completing preliminary investigation into the complaint.

Highly placed authoritative sources disclosed to Early Times that the SVO in Jammu received a complaint sometime back which claimed that a Chief Engineer of Mechanical Engineering Department, then posted as Director of SPD, had issued a supply order to Jammu-based Jehlum Steel Rolling Mills and New Kashmir Rolling Steel Mills on the recommendations and interventions of a Srinagar-based politician and a Minister’s son in 2010. Director SPD, namely Mushtaq Ahmad, issued a notification through media, calling quotations for supply of a huge quantity of TMT bars.

While the grade of the steel to be procured was recorded as Fe-50 in some registers, other documents showed it as Fe-50 D. Promoter of one of the firms, namely Tarun Shingla, was reportedly a non-state subject who has, over the years, succeeded in getting Permanent Residence Certificate from Department of Revenue. While some believe that Shingla and the Minister’s son were “simply friends”, others insist that both there partners. While the former was responsible for manufacturing and procurement of steel, the young politician, according to many in the business, was a “silent partner”.

During the course of preliminary inquiry, SVO sleuths found that the Minister’s son was the main beneficiary of the money drawn on account of execution of the supply order. Initially, the order was placed for procurement worth Rs 2.50 Cr. It was, however, gradually raised to Rs 9.00 Crore. Sources insisted that the contract had given profits worth Rs 3.00 Crore to the duo.

Sources said that the Minister’s son, who had surfaced as a conduit during the preliminary inquiry, was likely to be interrogated and grilled. “If charges are established against him, he would be straightaway booked and even arrested”, a senior official at SVO said.  Quite a number of officials were nevertheless pessimistic. They maintained that the matter would be hushed up like many of similar cases in the past. They believed that SVO had failed to retain its credibility unlike CBI, NIA and other investigating agencies at the Centre mainly because it had been vulnerable to pressure and interventions from Ministers and bureaucrats. They pointed out that Chief Minister had ignored all media reports that revealed two years back that a Cabinet Minister wanted SVO to “go slow” in the infamous Gulmarg Roshni land scandal.

Interestingly, beneficiary of this particular scam happens to be the son of a Minister who accused media of “launching media trial” against the Ministers earlier this week. Sources declined to reveal his identification but said that his family’s assets were being estimated to have reached worth over Rs 50 Cr from 1996 to 2012.

 SPD is a separate organisation responsible procurement of different types of steel being used in construction of bridges, flyovers, buildings and other construction executed by R&B Department.

Sources did not reveal the irregularities observed in detail but indicated that one grade of steel had been purchased and payment had been drawn for a different grade of the metal.

TMT bars that have uniform and concentrated hardened periphery and the softer core will have the desired tensile strengths coupled with high elongation as required in seismic zones. Procurement of this form of metal is being justified in Kashmir particularly after it has been placed in a hypersensitive seismic zone.

While as former Director of SPD, Mushtaq Ahmad, was continuously not reachable, incumbent head of the organisation, Ramesh Handoo did not respond to calls from this newspaper.

END

YesMinister, Early Times has no credibility!

The magic of making millions onsalary of Rs 40,000 a month

JAMMU, Feb 26: “agar miani dasi aayi kaanh beqlaazi, khattamuaf karizem” (Forgive my lord please, if I have erred”  was the stanza every individual in thenProgressive Movement, and beyond, mugged up from Rehman Rahi’s classical “MuafiNaama”. Sher-e-Kashmir’s National Conference conveniently dismissed Rahi as afrustrated Bakra (follower of Mirwaiz dynasty) and trashed his ode of satire.The tradition of intolerance in NC remains unchanged nearly 60 yearslater---‘if you are not with me, you are against me’!

On Saturday last, PDP’s Plato did not carry ET alone to support and substantiate his chargesheet ofcorruption against the Navratans of Mr Clean. He did equally heavily rest onthe Srinagardaily the Minister wouldn’t dream to denigrate. ‘The newspaper you are quotingis devoid of any credibility” decreed the Minister to silence the Plato.

Not a single press releasefrom the NC spokesman in the last over a decade is without extolling theparty’s achievement of giving “freedom to press platform”. No less a personthan Chairman of Press Council of India has now brought into question theNC-led coalition’s intolerance to the fourth estate. The temple of democracy insession deserves to know what precisely has irked the Minister.

Men of stature in thecoalition insist that the ‘honourable minister’ got exasperated when ET choseto be critical of his midnight press conference, held only to denigrate CRPF as“an unbridled force”. ET’s apprehensions came true when CRPF lost its morale ata crucial juncture in 2010 and soon the Valley’s 13-year-olds began frisking passengers if any one of them was from ‘Ponda Police’---a derogatory termcoined by Police-protected separatist leaders to shatter the state police.Fatal casualties were less than 10 when the Minister bowled his full-toss. Soonthe number spiraled to 110 in a geometrical progression.

Church Lane in the summer capital frowned but did not contradictwhen ET made a cursory reference to brazen corruption and wanton irregularitieswitnessed in Srinagar Municipal Corporation in ‘selling’ building permissionsduring the stewardship of Mr Haq Nawaz. Without digging deep, the ET storyrestricted to the shopping malls and other commercial complexes coming upwithout an iota of regard for Master Plan and even without a provision forparking in the crowded Srinagaruptown. Feathers in the Church  Lane ruffled on a passing reference to a palatialhouse being raised on a piece of notified land, just outside the first entrypoint of Srinagar Airport.

Rs 10 Crore palace,splashing on the slopes of Humhama Karewa, actually belonged to the ‘Father ofthe City’ and his father who on Saturday shouted on PDP’s Plato to flush ET downthe toilet. The Minister’s whispering into the ears of Mr Clean continuedinspite of the fact that ET did not reveal in detail how the Mayor put theCommissioner under pressure to issue permission of former’s house in relaxationof all norms of propriety and moral binding. It did not even reveal how thepoor politician, who earned livelihood out of petty R&B works and a tipperin Jammu in1996, rose to become owner of this Rs 10 Cr property overnight. ET did neitherask how same politicians had raised not one but two palatial houses worth Rs 6Crore at Roop Nagar and Sidhra in Jammuin six-year tenure as a Minister in 1996-2002. It did not either unwrap howcontractors were subjected to extortion to raise a corpus for the foodprocessing business the Minister’s son-in-law. Not a question even on the factof this non-government gentleman getting a Ministerial accommodation at TulsiBagh in Dr Abdullah’s regime.

ET did not reveal how BOCAhad issued the permission without a mandatory NOC from the Revenue authoritiesin Budgam. It was, in fact, a matter of investigation either for StateVigilance Organisation for J&K Accountability Commission to know how theNOC, if any, had been issued by DC Budgam for the structure proposed on a pieceof notified land. Even today, owners of all adjacent premises are being deniedNOC on the plea that the land stood notified and private houses and businesseswould not be permitted so close to the hypersensitive Srinagar Airportand IAF base.

ET did neither investigatenor report when responsible citizens, including men in the government, broughtto its notice that the same Minister was on a buying spree and had acquiredover 50 Kanals of land at different spots on either side of National HighwayBypass from Nowgam to Bemina. It was, admittedly, partly due to
the fact thatthe politicians’ benami transactions are often subject of a laboriousinvestigative exercise.

Even in the last one year,ET did not report how the Minister and his family members purchased 60 Kanalsof an orchard, once owned by late Sadiq Ali’s father, at Kikker Mode,Chondpora, on Budgam-Beerwah Road. When Tehsildar Territorial of Budgam,objected to illegal annexation and grabbing of 10 Kanals of Kahcharai land and construction of theboundary wall on the state land, he was publicly beaten up by the men at work. Eventhe senior Revenue authorities in the district did conveniently shut eyes.Emboldened by the administration’s ignominy and silence, the owners demolishedthe boundary wall and raised it afresh well on the road. Now five huge godowns,being leased out to Food Corporation of India (FCI) and Department of ConsumersAffairs and Public Distribution (CAPD), are nearing completion on the samelands.

This property, which wasstrategically acquired in the name of two non-descript individuals after thesale was settled through ‘dalals’ atMughal Durbar restaurant in Srinagar,is currently valued at Rs 10 Crore. Who are the influential men behind, MrClean and his “generously equipped” Accountability Commission must find. Theymust, once for all, solve the riddle of a Minister’s making millions andmultiplying them on the monthly salary of Rs 40,000 a month. Oh yes, it hasbeen hiked to Rs 90,o00 a month since last year.

 Yes, ET perhaps crossedthe limits when it reported about the administrative Secretary of the sameMinister that, with the advantage of the Minister’s as well as FinanceMinister’s support of silence, he swindled a sum of Rs 26,000 from a publicaccount and transferred it to his personal salary account on account of theexpenditure on his purely personal visit to Chennai. Minister of Finance wenton record to order an investigation and see how a Government official,responsible for giving legal opinion to the government, had himself indulged inembezzlement of the taxpayers’ money for his personal luxury. The ‘inquiry’ isyet to see the light of the day.

 Yet another matter of thesame administrative Secretary was completely ignored and hushed up by the sameMinister when ET reported how his poorly qualified son was being appointed asPublic Law Officer despite the fact that he stood away from the cut-off fixedby Public Service Commission. Despite the detailed investigative story, carriedby ET with clinching evidences and proofs of fraud, and without a line ofclarification or rejoinder by PSC or the concerned department, the bureaucrat’sson has been reportedly declared successful and appointed as PLO. In thismatter too, where a father is issuing appointment order of his real son, this‘honourable Minister’ has afforded to either lend his support or remain a mutespectator.

 So, how can the ET becredible for this firebrand Minister? Since neither of the omissions andcommissions of his department’s administrative Secretary is benami, he must speak or else eat thehumble pie.



END

Hr Education: Where bureaucrats quote Bible and clerks practice nepotism

Class IV recruitment scam: Part 2

Ahmed Ali Fayyaz

SRINAGAR, Feb 24: Commissioner-Secretary of Higher Education Department, Tanvir Jehan, as she herself revealed to this newspaper, made consistent efforts for ten days to explore possibility of her Orderly’s absorption against a Class IV vacancy when the process of regularizing 130 Local Fund Employees (LFEs) was in its last leg. The orderly, Munish, has been engaged like hundreds of others in the last 18 years to work as a Class IV employee but take remuneration of less than Rs 3,000 a month from the College Local Fund. All of her efforts to favour Munish failed. He does not figure anywhere among 130 men and women who have been appointed vide Order No: 50/HE of 2012 dated 17-02-2012.

                

Shameema of Bemina, who is now a grandmother of four children and stands engaged on LF in 1994, has been dropped for being only “Middle Pass”. Nobody has explained to her how four incumbents of the same category (Open), qualification and year of engagement have been appointed as Laboratory Bearers and one more from the list as Library Bearer. Matriculate of 1994 (Roll No: 872479) Gulshan Ara, who has been engaged on 29-10-1996 has been shown as “Middle Pass” despite her name and qualification being duly recorded and verified in all the tentative and final lists of LFEs published in newspapers by Department of Higher Education, Civil Secretariat. On this pretext, Gulshan Ara has been elbowed out to create space for relatives of the men having served or serving in the same department.

Accommodated in RBA category and appointed as Library Bearer on 17-02-2012, Shabir Ahmad Tantray stands engaged on 06-05-2002, eight years after Shameema and six years after Gulshan. While as Shameema and Gulshan gave their sweat and blood to keep their colleges---Govt Degree College Bemina and Government College for Women M A Road---running in extreme hostile conditions, Shabir did the service of cooking meals at the house of his Principal Zeenat Ara in Rajbagh. Even before the selection list was published in local newspapers on 19-02-2012, he knew it for sure---and had shared with his colleagues---that he stood selected.

Ghulam Mohammad Sheikh S/o Mohammad Shaban Sheikh of Sarai Payeen, Srinagar, has retired from service after serving as a clerk in Department of Higher Education for over three decades. During his posting at Government Degree College Bemina, Sheikh managed to engage his sister Shaheena (Matriculate) D/o Mohammad Shaban Sheikh on the College Local Fund on 01-06-1994. In the list published on 19-02-2012, she stands appointed as Orderly at Serial No: 4.

Later, when Ghulam Mohammad Sheikh was functioning as Head Assistant at Government College for Women Nawakadal in 2000, he managed to engage his second sister, Sabina Jabeen, on the College Local Fund on 01-12-2000. In the list published on 19-02-2012, she too stands appointed as Library Bearer at Serial No: 33.

Bilal Ahmad of Lalbazar is working as head assistant in Department of Higher Education at Civil Secretariat. In early 1990s, he got his sister-in-law No:1, namely Kousar Jan, appointed as Laboratory Assistant in Government Degree College Baramulla.

Later, on 01-05-2001, Bilal Ahmad managed to engage his sister-in-law No:2, namely Shubeena Tabasum, engaged on College Local Fund at Government College for Women M A Road Srinagar. In the list published on 19-02-2012, she stands appointed as Library Bearer at Serial No: 7. According to the college staff, she had revealed to her colleagues about her selection and had relinquished her charge in December 2011 when the final appointment list was being finalized.

Later, Bilal Ahmad managed to get his sister-in-law No:3, namely Rifat Zargar, engaged on College Local Fund at Government Degree College Bemina. She figured at Serial No: 98 in the seniority list. According to well placed sources in Department of Higher Education at Civil Secretariat, she too was placed in the final selection list but was later removed with the assurance that she would be absorbed in the next selection. Her name was dropped at the eleventh hour to create a slot for another favourite.

“Since I failed to accommodate my dutiful orderly Munish despite my best efforts, I am not ready to accept that any favouritism or nepotism has taken place in the selection”, Commissioner-Secretary of Higher Education Department, Tanvir Jehan, maintained. When, specific examples of irregularity were pointed out to her, she said that the list had been published in newspaper with an announcement in its last paragraph complaints and grievances if any should be submitted to her within 15 days. Again, it was pointed out to her by this newspaper that such an “announcement” was nowhere there. In fact, the candidates selected have been asked to join regular service within 21 days.

Both, Tanvir Jehan, as well as incharge Director of Colleges, Muqbil Chisti, who has supervised entire exercise of the recruitment of LFEs, told Early Times that they would entertain complaints and grievances in the next 15 days, remove all irregularities and accommodate the victims. They asserted that anybody found involved in fudging the selection and practicing nepotism, favouritism or other unfair means, would be given exemplary punishment.

END

After School Education, Hr Education too in the dock

Massive irregularities surface in Class 4^th appointment in Colleges

Ahmed Ali Fayyaz

SRINAGAR, Feb 22: Officials associated with absorption of Local Fund Employees (LFEs) in different colleges of the state have committed gross irregularities in making Class 4^th appointments. While the officials of Department of Higher Education have yet again taken a lion’s share of the vacancies and managed to absorb their sisters and sisters-in-law in multiples, those serving in the colleges for 15 to 18 years have been fraudulently shown as ‘ineligible’ in terms of qualification and dropped only to create room for relatives and bribe paying clients.

Through a notification published in Greater Kashmir dated February 19^th, 2012, Department of Higher Education in Civil Secretariat has declared selection of 130 LFEs for different Class 4^th vacancies in different colleges of Kashmir Division. Principals of the degree colleges had engaged as many as 412 persons for continuing job of class IV employees, in absence of regular staff, on temporary basis in the last nearly 18 years. Their remuneration, which was initially fixed at around Rs 1,000 and gradually enhanced to over Rs 3,000 a month, came from Local Fund of these colleges.

Even as many of those engaged happened to be the relatives and domestic helps of professors and principals, quite a number of them were engaged compassionately and made to work much more than the regular Class IV staff. With many of these LFEs crossing age-bar and working hard, pressure mounted on successive governments to absorb them against substantive class IV vacancies. Minister of Higher Education in Omar Abdullah government, Abdul Gani Malik, took keen interest to ensure that the service rules were changed and 40% of the vacancies were reserved for LFEs.

It was decided that the candidates eligible by qualification on their respective dates of engagement would be selected after verification of their academic record, merit and reserved category, if any, irrespective of their age-bar which ranged between 34 and 37 years in the last 18 years. When the final selection list, under Order No: 50/HE of 2012 dated 17-02-2012 was published by Director of Colleges on February 19^th, many of the candidates were taken aback.

One of the candidates dropped, namely Shameema, who is now over 50-year-old and had struggled hard for the 40% reservation and absorption of LFEs, attempted suicide at Press Enclave. Engaged in 1994 and now a grandmother of four children, Shameema has been dropped for being “only Middle Pass”. Her argument is that “Middle Pass” used to be the coded qualification for all class IV appointments till 2008. Not only that. The selection list clearly mentions the qualification of five selected LFEs as “Middle Pass”. All the five have been engaged years after Shameema was, and finally appointed.

Gulshan Ara, engaged on 29-10-1996 at Govt College for Women, M A Road, has also been dropped. According to the published gazette of J&K State Board of School Education (BOSE) and the original certificate she waves to mediapersons, Gulshan Ara has passed her Matriculation examination under Roll No: 872479 in November-December session of 1994. Two of the department’s Deputy Directors, who had been deputed by Director of Colleges, for verification of the qualifications claimed by the LFEs, entered into a criminal conspiracy at Govt Amar Singh College recently and eliminated her from all lists for being only “Middle Pass”. They allegedly created space for Gulshan’s far junior colleagues and got them selected and appointed.

This act of criminal conspiracy passed off smoothly inspite of proven honesty and integrity of almost all the higher ups---Minister of Higher Education Abdul Gani Malik, Commissioner-Secretary Hr Education, Tanvir Jehan, and incharge Director of Colleges, Mrs Muqbil Chisti.

In the last leg of the selection process, Director of Colleges sought the latest verification of the LFEs’ particulars vide her No: EC-Coll/GCET/2011 dated 21-12-2011. Principal of Govt College for Women furnished a signed list vide No: WC/44 Dated 10-01-2012, certifying that Gulshan Ara was a Matriculate when she had been engaged on 29-10-1996 as also when the tentative list was formulated on 09-09-2004. Still the staff from Higher Education Department--- as unknown to Gulshan Ara but revealed to Early Times by Director of Colleges Mrs Chisti---mentioned her as “Middle Pass” and got her dropped from the final selection list.

Two of Gulshan’s juniors, namely Mubeena Akhtar and Mehfooza Jan, have been selected and asked by the notification to join the regular service within 21 days. All the three belong to ‘Open’ category and all the three have matriculation as their qualification.

Tentative List, containing 428 names, was made on the cut-off date of 09-09-2004 and published in Greater Kashmir dated 25-12-2009. Under Secretary Dhananter Singh called for objections, if any, within 21 days. With no objection to the three names mentioned hereinabove, Final List was notified by same Under Secretary to Government vide No: EC-Coll/LF/List/2009 dated 04-10-2010 and published in Greater Kashmir dated 12-10-2010.

In both the lists Gulshan Ara figures at Serial No: 81 and her qualification is mentioned as Matric. She is duly shown to have been engaged on 29-10-1996. Principal’s letter No: WC/44 dated 10-01-2012, addressed to Director of Colleges, also mentions her as a Matriculate. But, she does not figure anywhere in the Final selection List published in Greater Kashmir dated 19-02-2012.

In both, Tentative List (GK 25-12-2009) and Final List (GK 12-10-2010), Gulshan’s junior Mubeena Akhtar (Govt Degree College Boys Sopore) figures at Serial No: 83. She is duly mentioned to have been engaged on 02-12-1996 and her qualification is duly shown as Matric. According to GK 19-02-2012, she has been selected and appointed as Gardener (at serial No:07).

Similarly, another of Gulshan’s juniors, namely Mehfooza Jan, figures at Serial No: 97 in both (Tentative and Final) lists. Engaged on 01-07-1996 at M A Road, Mehfooza has been initially mentioned as Class 12^th pass but her selection list finally makes it clear that her actual qualification was only Matric. Despite her wrong statement and juniority to Gulshan, she too has been selected and appointed as Lady Attendant in the regular Class IV grade.

Reached over telephone for his comments, Minister of Higher Education told Early Times that he would examine such injustices in detail and not only rectify the errors but also punish the guilty. Commissioner-Secretary Higher Education, Tanvir Jehan, maintained that irregularities, committed by whosoever, would be removed and the genuine candidates appointed after verification of their complaints. She advised the complainants to submit their representation in detail to her in the next 15 days.

Tanvir asserted that “maximum care” had been taken to complete the exercise in a fair and transparent manner but did not rule out sinister interventions by lower level staff. She sought to make it clear that the exercise had been conducted under the supervision of Director of College who would rectify the errors, if any.

Director of Colleges, Mrs Muqbil Chisti said after verification of records that Gulshan Ara had been shown as “Middle Pass” in the Final list and thus dropped. When it was pointed out to her that not only her certificates from BOSE and academic records but both, Tentative as well as Final list, shows her duly a Matriculate after all verifications, she assured that she would inquire into it and take stringent action against the officials involved in committing this fraud. She confirmed that two officials of the rank of deputy Director had conducted the verification process.

[Read tomorrow: How Commissioner Tanvir Jehan’s LFE Orderly was dropped but sisters and sisters-in-law of her subordinate officials appointed in multiples]

END

Abdullah Uni’s deputy killed in Sopore

Critically injured soldier airlifted to military hospital

Ahmed Ali Fayyaz

SRINAGAR, Feb 21: Lashkar-e-Tayyiba chief Abdullah Uni’s second-in-command and top wanted Pakistani militant, Abu Akash Badar, has been killed in a fierce gunbattle in Sopore today even as a critically wounded soldier was evacuated and airlifted to a military hospital in Srinagar.

Authoritative sources disclosed to Early Times that Special Operations Group (SOG) of Srinagar District Police received a tip off over telephone in the forenoon today about the presence of a couple of Pakistani cadres of Lashkar-e-Tayyiba at the residential house of a carpenter, namely Mushtaq Ahmad Najar, close to Sopore-Kupwara bypass in Noorbagh locality of Sopore. Alerted immediately, Sopore Police, in coordination with a unit of Rashtriya Rifles 22 Bn, launched a cordon-and-search operation in the locality at 1400 hours.

FULL STORY LATER TODAY........

Precedences galore but law about ‘Ministers without oath’ missing

Fearing freeze on discretionary grants and use of flags, Govt decides to question SAC’s authority

Ahmed Ali Fayyaz

SRINAGAR, Feb 20: In apprehension of an interim order, freezing the use of state flags and operation of ‘discretionary grants’ by political leaders enjoying the status of a Minister or Minister of State, on March 5^th, Government is disputing State Accountability Commission’s authority of impleading Chief Minister and other state functionaries suo moto. Government’s legal luminaries have discovered precedences in previous regimes, as also in the union government, but a substantive law that governs ‘Ministers without oath’ and shall be pivotal in SAC’s proceedings about the CM’s advisors and heads of various statutory boards, is still missing.

Identical stories in media in defence of Omar Abdullah government’s action of grating the status and powers of Ministers to some legislators and non-legislators are being widely interpreted as indications of nervousness in Civil Secretariat. But, highly placed bureaucratic sources revealed to Early Times that Department of Law, in consultation with Advocate General, has decided to straightaway challenge SAC’s authority of impleading CM and other functionaries in a “third party complaint”. It has been observed by the government’s legal pundits that SAC has proceeded suo moto and issued summons even when Chief Minister and his advisors were not respondents and antecedents of the complainant were yet to be ascertained.

“Even SAC has not yet seen a complainant of this name and address. Inquiry and proceedings should have started after verification of the identity of the complainant”, said a government advocate.  

Officials associated with SAC insisted that the commission was inherently competent to take suo moto cognizance of complaints on the basis of the nature of a complaint and issue summons to any public authority including Chief Minister and Ministers under section 9 of the Act. “In certain specific complaints, we essentially need presence or representation of a complainant. But, when serious complaints of general nature surface during investigation or proceedings, Commission can call any public authority, including members of the council of ministers and head of the government, for an explanation”, one of the SAC functionaries asserted.

An independent legal practitioner and advocate at J&K High Court pointed out that section 9 was actually part of the SAC Regulations of 2005, neither sanctioned by legislation nor influencing spirit of the primary law--- J&K Accountability Commission Act of 2002. According to him, it was well possible that not satisfied with the government’s reply, SAC could resort to its authority under section 16 and recommend to Governor by way of an interim order calling for freeze on use of ‘discretionary grants’ and the state and the national flag and emblem by the respondents in dispute.

The respondents include one of Chief Minister’s Advisors, enjoying the status and powers of a Cabinet Minister, another Advisor, enjoying the status of a Minister of state, one Chairperson of a statutory board, enjoying the status of a Cabinet Minister, and five other Chairpersons/ Vice Chairpersons of statutory bodies holding the status of MoS.

Official sources said that a battery of government advocates, headed by Advocate General Mohammad Ishaq Qadiri, besides individual attorneys of respondents would appear before SAC on March 5^th and challenge the legality of its summons served on CM and other respondents. According to their averments, only the respondent---Khem Lata Wakhloo, Chairperson of J&K State Social Welfare Advisory Board---was required by law to appear as a party.

Sources in SAC said that the Commission would primarily focus on the fundamental question: Under what authority were the advisors and heads of statutory boards using discretionary grants of Rs 3 Lakh a year without audit like the Ministers on oath? Was an executive authority in Government of Jammu & Kashmir competent by law to grant such financial powers to a public authority without being on oath of office and secrecy?

According to these sources, it was “completely irrelevant” that former Chief Minister Mufti Sayeed too had granted similar status and powers to 14 persons, there were similar precedences from the days of Sheikh Mohammad Abdullah and several persons, including Vice Chairman of Planning Commission in the union Government, were also designated like a Cabinet Minister. “In some cases, such incumbents can be decorated only for Order of Precedence and protocol at an official function or venue. In other cases, such incumbents can be drawing and disbursing money from public exchequer. That all is done under a proper authority under law. SAC will obviously seek and examine text of such a law or statutory sanction, if one exists”, a source in SAC explained. Absence of it, he said, would lead dismissal of such public authorities by Governor on the basis of a recommendation from SAC.

A Professor of law with University of Kashmir said that Government could immediately rush in appeal to J&K High Court and seek an order of relief, staying the operation of SAC’s interim order or recommendation to Governor.

In its initial reply to SAC, that came not before repeated notices to Chief Secretary and a warning of contempt proceedings, Government has provided Order dated 19-08-2010 making it clear that all the respondents in question were making use of status and powers, including operation of discretionary grants, allocated by statute to Ministers and Ministers of State.

END