How Modi’s Baglihar host kicked out IAS officer under pressure of ‘fraudulent’ businessman


Ahmed Ali Fayyaz
_________

SRINAGAR, Nov 4: Tainted businessman Adil Mustafa Khan, who stands booked in a case of criminal cheating in Jammu, managed to remove senior IAS officer Sandeep Nayak as Principal Secretary of Power Development Department (PDD) through Dy Chief Minister and Minister of Power Dr Nirmal Singh on October 19. As reported in detail in a series of stories exclusively in STATE TIMES, Mr Nayak had refused to sign an illegal Power Purchase Agreement with Adil Khan's company after Finance Department advised PDD that the PPA should not be signed. Prime Minister Narendra Modi's Baglihar host, Nirmal Singh wanted Mr Nayak to sign the PPA with the controversial company without determining rates through bidding process and without regard to opinion from Finance Department.

 

TIMELINE

 

March 22, 2013

Science & Technology (S&T) Department of J&K government accords sanction to a five-member project approval committee to be headed by Commissioner-Secretary Science & Technology.

April 9, 2013

Without ascertaining  the applicant company’s experience in solar power generation and management, financial strength and ownership of the land as per guidelines of  the union Ministry of New and Renewable Energy, S&T Department communicates approval to Chennai-based Thein India Energy Pvt Ltd (TIE) for setting up 100 mw grid connected photovoltaic solar power plant at Chann Arrorian, Kathua and advises the company to approach Power Development Department (PDD) for facilitation of Power Purchase Agreement (PPA).

June 20, 2013

S&T Department communicates to PDD that TEI has been approved for setting up the solar plant in Kathua. It requests PDD to initiate process for making PPA with TIE and requests DC Kathua to demarcate the land which TIE claims to acquire from a private source under rules.

September 2, 2013

Chief Engineer Systems & Operations (CESO) wing of PDD informs Power Commissioner about his team’s visit to the site to explore inter-connectivity. The team suggests inter-connectivity with 132-KV double-circuit Gladni-Hiranagar line for evacuation of the energy generated by the plant. “…decision needs to be taken immediately for bringing up infrastructure at 132 KV level for clubbing the generation from solar plant and PDD System,” the communication reads. “Investment required in this regard and estimation etc. shall be taken up separately with representatives of Independent Power Producer (IPP).”

October 4, 2013

S&T Department advises TIE to execute an “open access agreement” with PDD under the conditions laid down in J&K State Electricity Regulatory Commission – JKSERC (Open Access In Intra-state transmission and distribution) regulation act, 2006”. Under the Open Access agreement, independent power producers (IPPs) have right to wheel the energy to whichever destination they want at a fee. In J&K, three existing IPPs, owning three small power projects are using this facility to sell their energy to the Power Trading Corporation (PTC) of Government of India. PDD does not purchase their power for its being “expensive”.

April 21, 2015

Chief Minister Mufti Mohammad Sayeed takes the first review meeting of S&T and Information Technology (IT) Departments. Deputy CM and Power Minister Dr Nirmal Singh, Finance Minister Dr Haseeb Drabu, S&T Minister Sajjad Lone, IT Minister Imran Ansari and concerned administrative secretaries attend the meeting. On Sajjad Lone’s suggestion, CM desires PDD to facilitate PPA agreement at the rates issued, if any, by SERC. Drabu observes that PDD’s buying of solar power from TIE would a “challenging task” for its being expensive.  S&T Secretary pushes the proposal with the argument that State was bound to purchase solar power to the extent of 1.5% of the energy demand in 2015-16 “irrespective of the cost of energy”.  PDD is directed to constitute a high level committee for making draft of the State’s “Comprehensive Power Purchase Policy”

June 30, 2015:

Chief Executive Officer J&K Energy Development Agency (JAKEDA) advises TIE Chennai to take up the matter of signing of PPA with SERC and PDD. On the same day, TIE Chennai urges Principal Secretary Power Sandeep Nayak to initiate the process of signing the PPA.

July 7, 2015

Government constitutes 6-member committee for formulation of comprehensive Power Purchase Policy draft vide Government Order No: 140-PDD of 2015 with Principal Secretary Power as its Chairman. With 14 terms of reference, committee is asked to submit its recommendations within 6 weeks.

July 21, 2015

TIE Chennai makes its Kauthua plant a Joint Venture with Venayak Energy (VE) Jammu. The joint venture is named as Then Venayak Energy (TVE). As per the agreement, TIE will contribute 10% of the total investment  and own only 10% of the profit. Venayak holds 90% share and declares one Adil Mustafa Khan as its representative. The agreement is signed by Anirudh Chandel of Pacca Danga on behalf of TIE and Amarjeet Singh of Nanak Nagar on behalf of VE.

July 23, 2015

First meeting of PPP draft committee takes place. It decides to call three existing IPPs for presentation. Now a new “representative” Adil Khan surfaces on behalf of TVE and asks Principal Secretary Power Sandeep Nayak to initiate steps t for signing of PPA (without waiting for PPP committee’s draft and its subsequent approval by Cabinet).

July 24, 2015

TVE requests CM to direct PDD “to carry on with PPA at the earliest”.

July 31, 2015

Second meeting of PPP draft committee convened. Committee asks Government to surrender costly power of Central Generating Stations. CE Commercial & Survey asked to submit her first report within a week. On the same day, Deputy Director Planning in CM’s Secretariat Madan Gopal Sharma forwards TVE’s letter to Principal Secretary PDD and urges him to address the issues involving signing of PPA.

August 6, 2015

Without waiting for PPP draft and its adoption by Cabinet, TVE “representative” Adil Khan submits a 16-page PPA---all pages signed by him---to Principal Secretary Power Nayak and asks him to sign it. Khan claims he has made so-called PPA on the copy of an IPP’s agreement with West Bengal government. Significantly, within an hour on the same day, Dy CM and Power Minister Nirmal Singh’s OSD Shakti Pathak writes a note, flagged as MOST URGENT, to Principal Secretary Power Nayak and directs him on behalf of Dy CM “to take immediate necessary steps regarding signing the PPA with the developer..” With the PPP draft still awaited, Nayak seeks opinion from CE Commercial & Survey Wing of PDD Ms Shehnaz Goni.

August 14, 2015

CE C&SW PDD reports to Principal Secretary Nayak that PPA with TVE cannot be signed with determination of rate by SERC through a transparent bidding process. She reports: “In the interest of public for any power purchase for Medium Term or long term (10-12 years and above) there should be a proper process of transparent bidding to discover the competitive rate and fair price. The rates so discovered by bidding process are to be adopted by the SERC as per section 57 of J&K Electricity Act 2010. [Section 57. Determination of tariff by bidding process---Notwithstanding anything contained in Section 56, the Commission (SERC) shall adopt the tariff, if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the government].

CE C&SW points out further: “The rates fixed by SERC are worked on various parameters and are quite high and do not represent the current market rates  either for medium or long term basis unless a transparent bidding mechanism is adopted in the interest of state. Finally she recommends: “In view of the above facts, it is neither advisable nor in the interest of government to enter into such power purchase agreement with “M/S Then India Energy Pvt Ltd.” binding the State for such a long term of 10-12 years with uncertainty of rates.”

 

August 19, 2015

 

Principal Secretary PDD Nayak endorse the recommendation of CE C&SW for transparent bidding process and records on file that  a professional agency needs to be appointed for bid management. He forwards the file to Principal Secretary Finance Naveen Choudhary to seek the opinion of Finance Department.

 

 September 5, 2015

 

One Dr Rajeev Dhar of Dehradun writes to Commissioner-Secretary S&T Satish Nehru that J&K Government was going to allot power purchase to TIE which, he claims, had been allotted Rs 700 crore plant without any bidding process. He alleges that acceptance letter had been given to the company “without any tender or any documents”. He further claims that TIE had adsolutely no experience of generating or managing solar power either in India or abroad.

 

September 15, 2015

 

Finance Department returns the file to Principal Secretary PDD with this opinion: “PDD should not enter into PPAs with power producers without determining reasonability and competitiveness of such offers through open bidding in view of emerging power market in India. The Department should also explore booking of bundled power which gives certain degree of relief from costly solar power. Moreover, the Department should ascertain from other states as to how far renewable power purchase obligations have been met by them”.

 

October 19, 2015

 

Principal Secretary PDD Sandeep Nayak is unceremoniously removed and shifted to Relief and Rehabilitation Department on Dy CM Nirmal Singh’s sustained insistence.

 

October 28, 2015

 

Adil Mustafa Khan holds a press conference at a hotel in Srinagar to claim that his company had not got any undue favour from Dy CM or any other Minister or politician. He claims that he and his company has no association with BJP or any other political party. However, Adil Khan at the press conference is escorted by Dy CM’s Press Officer Afaq Gadda and a number of BJP leaders including Fayaz Ahmad and Arif Raja who have also contested elections on BJP ticket besides BJP’s Media incharge Altaf Thakur. Meanwhile, it surfaces in newspaper reports that Adil Khan had been arrested in a case of cheating in Jammu and FIR No: 179 of 2013 had been registered against him under sections of 419 and 420 RPC.

 

[END]

How Modi’s Baglihar host kicked out IAS officer under pressure of fraudulent businessman

[Part 2]

Ahmed Ali Fayyaz
_________

SRINAGAR, Nov 4: In continuation of the timeline, the first part of which appeared in yesterday's issue, STATE TIMES concludes in the second and final part how Adil Mustafa Khan, who stands booked in a case of criminal cheating in Jammu, managed to remove senior IAS officer Sandeep Nayak as Principal Secretary of PDD through Dy Chief Minister and Minister of Power Dr Nirmal Singh on October 19. As reported in detail in a series of stories exclusively in STATE TIMES, Mr Nayak had refused to sign an illegal Power Purchase Agreement with Adil Khan's company after Finance Department advised that the PPA should not be signed. Prime Minister Narendra Modi's Baglihar host, Nirmal Singh wanted Mr Nayak to sign PPA with the controversial company without determining rates through bidding process and without seeking opinion from Finance Department.

August 14, 2015

CE C&SW PDD reports to Principal Secretary Nayak that PPA with TVE cannot be signed with determination of rate by SERC through a transparent bidding process. She reports: “In the interest of public for any power purchase for Medium Term or long term (10-12 years and above) there should be a proper process of transparent bidding to discover the competitive rate and fair price. The rates so discovered by bidding process are to be adopted by the SERC as per section 57 of J&K Electricity Act 2010. [Section 57. Determination of tariff by bidding process---Notwithstanding anything contained in Section 56, the Commission (SERC) shall adopt the tariff, if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the government].

CE C&SW points out further: “The rates fixed by SERC are worked on various parameters and are quite high and do not represent the current market rates  either for medium or long term basis unless a transparent bidding mechanism is adopted in the interest of state. Finally she recommends: “In view of the above facts, it is neither advisable nor in the interest of government to enter into such power purchase agreement with “M/S Then India Energy Pvt Ltd.” Binding the State for such a long term of 10-12 years with uncertainty of rates”.

August 19, 2015

Principal Secretary PDD Nayak endorse the recommendation of CE C&SW for transparent bidding process and records on file that  a professional agency needs to be appointed for bid management. He forwards the file to Principal Secretary Finance Naveen Choudhary to seek the opinion of Finance Department.

 September 5, 2015

One Dr Rajeev Dhar of Dehradun writes to Commissioner-Secretary S&T Satish Nehru that J&K Government was going to allot power purchase to TIE which, he claims, had been allotted Rs 700 crore plant without any bidding process. He alleges that acceptance letter had been given to the company “without any tender or any documents”. He further claims that TIE had adsolutely no experience of generating or managing solar power either in India or abroad.

September 15, 2015

Finance Department returns the file to Principal Secretary PDD with this opinion: “PDD should not enter into PPAs with power producers without determining reasonability and competitiveness of such offers through open bidding in view of emerging power market in India. The Department should also explore booking of bundled power which gives certain degree of relief from costly solar power. Moreover, the Department should ascertain from other states as to how far renewable power purchase obligations have been met by them”.

October 19, 2015

Principal Secretary PDD Sandeep Nayak is unceremoniously removed and shifted to Relief and Rehabilitation Department on Dy CM Nirmal Singh’s sustained insistence.

October 28, 2015

Adil Mustafa Khan holds a press conference at a hotel in Srinagar to claim that his company had not got any undue favour from Dy CM or any other Minister or politician. He claims that he and his company has no association with BJP or any other political party. However, Adil Khan at the press conference is escorted by Dy CM’s Press Officer Afaq Gadda and a number of BJP leaders including Fayaz Ahmad and Arif Raja who have also contested elections on BJP ticket besides BJP’s Media incharge Altaf Thakur. Meanwhile, it surfaces in newspaper reports that Adil Khan had been arrested in a case of cheating in Jammu and FIR No: 179 of 2013 had been registered against him under sections of 419 and 420 RPC.

[Concluded]

END

How Dy CM booted out Power Secretary for not signing illegal PPA with a dubious firm

A timeline of the IAS officer’s intimidation by Prime Minister Modi’s Baglihar host

Ahmed Ali Fayyaz

________

SRINAGAR, Nov 3: Principal Secretary Power Sandeep Nayak, who refused to sign an illegal Power Purchase Agreement (PPA) with a Jammu-based joint venture, was unceremoniously removed on October 19 when Dy Chief Minister and Power Minister Dr Nirmal Singh threatened to resign in case the IAS officer was not shifted from Power Development Department (PDD). Following is a timeline of the key developments from 2013 to 2015 November:

March 22, 2013

Science & Technology (S&T) Department of J&K government accords sanction to a five-member project approval committee to be headed by Commissioner-Secretary Science & Technology.

April 9, 2013

Without ascertaining  the applicant company’s experience in solar power generation and management, financial strength and ownership of the land as per guidelines of  the union Ministry of New and Renewable Energy, S&T Department communicates approval to Chennai-based Thein India Energy Pvt Ltd (TIE) for setting up 100 mw grid connected photovoltaic solar power plant at Chann Arrorian, Kathua and advises the company to approach Power Development Department (PDD) for facilitation of Power Purchase Agreement (PPA).

June 20, 2013

S&T Department communicates to PDD that TEI has been approved for setting up the solar plant in Kathua. It requests PDD to initiate process for making PPA with TIE and requests DC Kathua to demarcate the land which TIE claims to acquire from a private source under rules.

September 2, 2013

Chief Engineer Systems & Operations (CESO) wing of PDD informs Power Commissioner about his team’s visit to the site to explore inter-connectivity. The team suggests inter-connectivity with 132-KV double-circuit Gladni-Hiranagar line for evacuation of the energy generated by the plant. “…decision needs to be taken immediately for bringing up infrastructure at 132 KV level for clubbing the generation from solar plant and PDD System,” the communication reads. “Investment required in this regard and estimation etc. shall be taken up separately with representatives of Independent Power Producer (IPP).”

October 4, 2013

S&T Department advises TIE to execute an “open access agreement” with PDD under the conditions laid down in J&K State Electricity Regulatory Commission – JKSERC (Open Access In Intra-state transmission and distribution) regulation act, 2006”. Under the Open Access agreement, independent power producers (IPPs) have right to wheel the energy to whichever destination they want at a fee. In J&K, three existing IPPs, owning three small power projects are using this facility to sell their energy to the Power Trading Corporation (PTC) of Government of India. PDD does not purchase their power for its being “expensive”.

April 21, 2015

Chief Minister Mufti Mohammad Sayeed takes the first review meeting of S&T and Information Technology (IT) Departments. Deputy CM and Power Minister Dr Nirmal Singh, Finance Minister Dr Haseeb Drabu, S&T Minister Sajjad Lone, IT Minister Imran Ansari and concerned administrative secretaries attend the meeting. On Sajjad Lone’s suggestion, CM desires PDD to facilitate PPA agreement at the rates issued, if any, by SERC. Drabu observes that PDD’s buying of solar power from TIE would a “challenging task” for its being expensive.  S&T Secretary pushes the proposal with the argument that State was bound to purchase solar power to the extent of 1.5% of the energy demand in 2015-16 “irrespective of the cost of energy”.  PDD is directed to constitute a high level committee for making draft of the State’s “Comprehensive Power Purchase Policy”

June 30, 2015:

Chief Executive Officer J&K Energy Development Agency (JAKEDA) advises TIE Chennai to take up the matter of signing of PPA with SERC and PDD. On the same day, TIE Chennai urges Principal Secretary Power Sandeep Nayak to initiate the process of signing the PPA.

July 7, 2015

Government constitutes 6-member committee for formulation of comprehensive Power Purchase Policy draft vide Government Order No: 140-PDD of 2015 with Principal Secretary Power as its Chairman. With 14 terms of reference, committee is asked to submit its recommendations within 6 weeks.

July 21, 2015

TIE Chennai makes its Kauthua plant a Joint Venture with Venayak Energy (VE) Jammu. The joint venture is named as Then Venayak Energy (TVE). As per the agreement, TIE will contribute 10% of the total investment  and own only 10% of the profit. Venayak holds 90% share and declares one Adil Mustafa Khan as its representative. The agreement is signed by Anirudh Chandel of Pacca Danga on behalf of TIE and Amarjeet Singh of Nanak Nagar on behalf of VE.

July 23, 2015

First meeting of PPP draft committee takes place. It decides to call three existing IPPs for presentation. Now a new “representative” Adil Khan surfaces on behalf of TVE and asks Principal Secretary Power Sandeep Nayak to initiate steps t for signing of PPA (without waiting for PPP committee’s draft and its subsequent approval by Cabinet).

July 24, 2015

TVE requests CM to direct PDD “to carry on with PPA at the earliest”.

July 31, 2015

Second meeting of PPP draft committee convened. Committee asks Government to surrender costly power of Central Generating Stations. CE Commercial & Survey asked to submit her first report within a week. On the same day, Deputy Director Planning in CM’s Secretariat Madan Gopal Sharma forwards TVE’s letter to Principal Secretary PDD and urges him to address the issues involving signing of PPA.

August 6, 2015

Without waiting for PPP draft and its adoption by Cabinet, TVE “representative” Adil Khan submits a 16-page PPA---all pages signed by him---to Principal Secretary Power Nayak and asks him to sign it. Khan claims he has made so-called PPA on the copy of an IPP’s agreement with West Bengal government. Significantly, within an hour on the same day, Dy CM and Power Minister Nirmal Singh’s OSD Shakti Pathak writes a note, flagged as MOST URGENT, to Principal Secretary Power Nayak and directs him on behalf of Dy CM “to take immediate necessary steps regarding signing the PPA with the developer..” With the PPP draft still awaited, Nayak seeks opinion from CE Commercial & Survey Wing of PDD Ms Shehnaz Goni.

[To be concluded tomorrow]

"Toofan ka aadmi hai, he is not communal at all", Chief Minister and PDP founder Mufti Mohammad Sayeed tells The Times Of India about Prime Minister Narendra Modi. Mufti says that the good thing about Modi is that he doesn't rely on IB alone, he takes advice from RSS. PDP's entire intellectual brigade should LIKE this post because never before has a J&K Chief Minister and head of a ruling party praised any Hindutva exponent in this manner. With this language of total, abject surrender and reneging on every word of the PDP ideology and manifesto, Rs one lakh crore from Modi would be just peanuts. I am sure, we are just three years short of the abrogation of 370 by way of losing 35A in Supreme Court with the help of our "visionaries"! Archive this post.

 

http://timesofindia.indiatimes.com/india/Modi-is-not-communal-at-all-he-will-act-against-loose-canons-Mufti/articleshow/49622397.cms?from=mdr

Narendra Modi's visit on November 7 will be definitely, in Mufti Mohammad Sayeed’s words, a "turning point in the history of Jammu and Kashmir", if he holds the rally at Sonwar without banning Syed Ali Shah Geelani's so-called "million march at TRC"; if 1,000 "potential troublemakers" across valley are not held captive in jails and Police stations; if Modi announces PDP's promises of "Self Rule", double currency, joint control mechanism, opening of Kargil-Skardu, Jammu-Sialkote and other trade and travel routes with Pakistan; if borders are made irrelevant and people of both sides permitted to travel across LoC and IB with just a State Subject certificate in hand; if Modi announces withdrawal of AFSPA and recalling all armed forces back to their barracks; if Modi accepts Jammu and Kashmir a disputed State and invites Pakistan for talks on its resolution; if Modi announces to punish delinquent troops and Police, particularly those identified in Pathribal massacre and 2010 summer turmoil killings; and, if Modi condemns the killing of Zahid in Udhampur and Mohammad Akhlaq in Dadri and punishment to theie killers within a timeframe. Let us wait and watch what exactly is behind Mufti’s unprecedented optimism: Modi's word of making these historic announcements or just promise of mutation of power in Mehbooba's name in exchange for arranging a huge conquest rally in Srinagar in the worst of hostile ambience?

Dy CM sitting over delegation of powers to MoS since March 6

Modi’s ambitious Leh-Srinagar line delayed; annual plan funds release withheld for months

Ahmed Ali Fayyaz

_________

SRINAGAR, Oct 31: Under what consideration does Dy Chief Minister and Minister of Power Dr Nirmal Singh keep even the extremely urgent and important files pending at his office and home, is a matter of investigation. But it has been observed that he has been sitting over the files of topmost urgency for months together with no fear of accountability before the Chief Minister or the Cabinet.

In days of his taking over as Chief Minister, Mufti Mohammad Sayeed took a meeting with Minister incharge Power, Power Secretary and other senior bureaucrats and officers on March 6, 2015. He issued instructions that Minister of Power should delegate certain powers, including those of the competence of transferring the non-gazetted Group-D employees. In Mufti’s and Ghulam Nabi Azad’s PDP-Congress coalition and in Omar Abdullah’s NC-Congress alliance, MoS used to enjoy these powers.

General Administration Department conveyed Chief Minister’s instructions vide No: GAD (Adm) 221-2004 Dated 07-03-2015 to Power Development Department. After a detailed bureaucratic exercise, Power Secretary created File No: PDD-Gen/36/215 and submitted it to Dy CM/Power Minister on May 21 with the recommendation that certain powers, elaborated in a detailed list, were required to be delegated to MoS Power Mohammad Ashraf Mir.

Junior Minister Ashraf Mir’s repeated communications and protests failed to yield any results for over five months now. Dy CM remained unmoved over Mir’s D.O. letter Nos PS/HMOS/I&C, PD, H&UDD/235 Dated 13-05-2015. On May 21, Power Secretary Sandeep Nayak referred to Education Minister Naeem Akhtar’s delegation of similar powers to MoS Education Priya Sethi and insisted that same could be delegated to MoS as per CM’s March 6 direction.

In D.O. letter No: PS/HMOS/I&C, PD, H&UD/618 Dated 25-08-2015 Mr Mir protested that PDD had not taken the issue “seriously”. With reference to transfers of Junior Engineers, in which the recommendations of MoS, were completely ignored, Mr Mir recorded: “Administrative Department PDD is issuing transfer orders without proper exercise and ignoring the feedback and proposals…”

In the last 8 months of the Mufti government, Mir and some other junior Ministers have failed to get the powers of the transfer of non-gazetted staff delegated to them.

Dr Singh even delayed an important file related to laying of an ambitious power transmission line from Leh to Srinagar. Prime Minister Narendra Modi had specially flown to Ladakh in August 2014 for laying the foundation stone of this proposed power transmission line.

In his note para No: 674 dated October 5, Power Secretary Nayak wrote to Dy CM: “It is pertinent to mention here that many important files are being disposed after months together. It is that which is hampering the smooth functioning of the Department. To quote one example, the important file on Srinagar-Leh Transmission Line was pending in the office of the Minister i/c Power (HDyCM) for almost one and a half months despite clear-cut request/ instructions of the Union Power Minister and HCM to deal with the issue expeditiously”.

“Similarly the annual plan 2015-16 fund release approval file was pending in the office of the Minister i/c Power (HDyCM) for several weeks hampering the time bound and winter areas execution of works. There are plenty of such examples”, Power Secretary pointed out to Dr Singh.

According to the men well versed with the government functioning, delaying the fund release files means nothing but compelling Heads of Departments to approach the concerned Minister’s touts. “Often such files are released after the HoDs or their representatives pay a percentage of the allocation money to the Ministers through their touts”. It was not immediately clear why Dr Singh kept such urgent files pending for months at his office and residence.

END

PDD's TRANSFER INDUSTRY

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 AEEs

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.

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 ]