Petition filed in PIL for his removal/transfer
Srinagar, May 16, CNS: In a Public Interest Litigation titled Sheikh Muhammad Shafi V/s Union of India and others, the petitioners Monday filed a fresh miscellaneous Petition (MP No.03/2016 in WPPIL No.09/2011) in the State High Court (Jammu Wing) seeking directions to the Chief Secretary, J&K and Commissioner/Secretary to Govt. of J&K, General Administration Department to transfer Hirdesh Kumar Singh (IAS) from the coveted post of Commissioner/Secretary to Govt. of J&K, Housing and Urban Development Department in view of his involvement in two FIRs pertaining to infamous Roshni Land Scam wherein the SVO after establishing the prima facie case has sought sanction for his prosecution alongwith other in-service public servants.
In the Miscellaneous Petition the petitioners have submitted that earlier on an anonymous letter written by a citizen against the posting of Baseer Ahmed Khan (IAS) as Deputy Commissioner Srinagar the Division Bench treated the letter as Miscellaneous Petition No.336/2012 in the PIL Sheikh Mohd. Shafi & Anr V/s Union of India & Ors and the Division Bench in a significant order on March, 4, 2013 directed the State of J&K to relieve Baseer Ahmed Khan from the post of Deputy Commissioner Srinagar and directed the Government of J&K to post any other suitable officer in place of Baseer Ahmed Khan. The Division Bench had relieved Baseer Ahmed Khan in view of his name figuring as an accused in FIR No.08/2009 VOK (infamous Gulmarg land scam). The Division Bench had observed that a person who has been facing serious charges of corruption could not be permitted to remain posted in a capital city. At capital city a person with clean image should have been posted.
The petitioners in the fresh Misc. Petition have submitted that Hirdesh Kumar Singh while serving as District Collector/Deputy Commissioner, Jammu conferred ownership rights under J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 in favour of one Bansi Lal Gupta R/o Gandhi Nagar, Jammu for land measuring 5 Kanals 2 Marlas comprised in Khasra No.781 situated at village Deeli, District Jammu. The said land was State land duly transferred to JDA and the delinquent officer by abusing his official position conferred ownership rights in utter breach of the provisions of Roshni Act thereby depriving the State from a valuable piece of State land. It is further submitted that VOJ registered FIR No.6/2014 under section 5(2) Prevention of Corruption Act against Hirdesh Kumar Singh and the beneficiary and after the completion of investigation the SVO concluded the investigation as proved against the high profile accused including the then Deputy Commissioner, Jammu Hirdesh Kumar Singh. It is further submitted that after completion of investigation the State Vigilance Organization vide its communication No.SVO-FIR-06/2014-J-20657-58 dated 31-12-2015 has approached the General Administration Department for accord of prosecution sanction of in-service public servants including Hirdesh Kumar Singh as envisaged under section 6 of the J&K Prevention of Corruption Act and the sanction is awaited since December 31, 2015.
In the Miscellaneous Petition it is further contended that Hirdesh Kumar Singh has also been booked by SVO in case FIR No.15/2014 VOJ on May 29, 2014 alongwith other officers /officials of Revenue Department, Jammu with beneficiary Bashir Ahmed on the allegations of having committed bunglings in the implementation of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 and according to the latest status report of the SVO in WPPIL No.19/2011 titled Prof. S.K. Bhalla V/S State of J&K and ors the IGP Vigilance in paragraph 2 has disclosed that investigation in case FIR No.15/2014 VOJ stands concluded as proved against the accused including Hirdesh Kumar Singh and the matter has been referred to the GAD for accord of prosecution sanction vide communication No.VOJ-FIR-15/2014-J-4905-06 dated 01-04-2015.
The petitioners have also stated in the petition that the Supreme Court of India had directed the Govt. of U.P. to remove/transfer tainted Ms. Neera Yadav from the post of Chief Secretary against whom criminal cases were pending and a Commission had been appointed by the Supreme Court to look into the matter. The petitioners have also submitted that the same principle was followed by the Division Bench of J&K High Court in CMA No.135 of 2014 when the Division Bench directed the Higher Education Department as well as School Education Department to pass appropriate orders suspending SRO 452 dated 22-10-2014 appointing Prof. Nutan Kumar Resutra as Chairman J&K Board of School Education who was facing departmental enquiry when he had been recommended for appointment against the coveted post of Chairman BOSE. The said Judgment of the Division Bench was also upheld by the Apex Court.
The petitioners have further submitted that in case of Baseer Ahmed Khan (IAS) the then Deputy Commissioner, Srinagar even the prosecution sanction had not been received from DOPT Govt. of India and even then the Division Bench directed his transfer and in the case of Hirdesh Kumar Singh prima facie investigation in two FIRs of Roshni scam has been concluded as proved and GAD has been approached for prosecution sanction and under these circumstances the said officer does not deserve to be the Administrative Head of the Housing and Urban Development Department presided over by a noted academician of Jammu University turned politician.
The petitioners in the Misc. Petition have sought appropriate directions to the Chief Secretary of the State and Commissioner/Secretary GAD to transfer Hirdesh Kumar Singh (IAS) from the coveted post of Commissioner/Secretary Housing and Urban Development Department in view of his alleged involvement in two FIRs pertaining to Roshni Scam. (CNS)