Jammu, Nov 2, CNS: A Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice B.S. Walia in the much publicized Public Interest Litigation filed by Sheikh Muhammad Shafi and Prof. S.K. Bhalla directed General Administration Department to file status report within a week’s time reflecting the steps taken by the various departments pursuant to the instructions and decisions taken by the GAD with regard to the finalization of 147 departmental enquiries. The Division Bench further directed the Registry to list this matter in the week commencing 16th November, 2015.
When this PIL came up for hearing Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the PIL drew the attention of the Division Bench towards the detailed order dated April, 4, 2014 passed by the Division Bench then headed by Chief Justice M.M. Kumar (since retired) wherein directions were issued to the GAD to make complete disclosure with regard to the stage of enquiries, nature of charges, status of officers and their present postings so that appropriate orders be passed and directions are issued.
Advocate Ahmed further submitted that the aforementioned order of the Division Bench was repeated on several occasions by this Court but the attitude of the GAD has remained casual and till date the full disclosure has not been made and various administrative departments have miserably failed to adhere to the time schedule fixed for completion of 147 departmental enquiries.
Advocate S.S. Ahmed further submitted that it is unfortunate that despite repeated orders of the Division Bench and the directions issued by the GAD on June, 22, 2015 fixing a time schedule of one month, there is no headway towards the finalization of the departmental enquiries. Advocate Ahmed further submitted that the GAD on the other hand has posted tainted officers on the prime positions and for this reason the departmental enquiries are not being finalized. He further submitted that these departmental enquiries relate to years 2008, 2009 onwards and are being delayed for the reasons best known to the GAD. He further submitted that on the last date of hearing the GAD was granted six weeks’ time to come up with the outcome of the departmental enquiries but even today no status report was filed by the GAD which shows the non-serious approach towards the court directions.
Advocate Ahtsham Bhat appearing for GAD submitted that the various administrative departments are not cooperating with the GAD and this is the reason for delay in finalization of the departmental enquiries. He further submitted that few departments have reverted back to the GAD with the current status of the departmental enquiries and he requested the Division Bench that he has received the status report from the GAD and he may be granted some time to place it on record.
After considering the submissions of both the sides the Division Bench comprising Justice Dhiraj Singh Thakur and Justice B.S. Walia directed General Administration Department to file status report within a week’s time reflecting the steps taken by the various departments pursuant to the instructions and decisions taken by the GAD with regard to the finalization of 147 departmental enquiries. The Division Bench further directed the Registry to list this matter in the week commencing 16th November, 2015. (CNS)
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