Daily Excelsior: Jammu: Wednesday,
July 13, 2016.
Division
Bench of the State High Court comprising First Puisne Judge Justice Ramalingam
Sudhakar and Justice B S Walia today issued notices to the Chief Secretary and
Commissioner Secretary, General Administration Department to file response to
the Miscellaneous Petition seeking forwarding of two FIRs to the Department of
Personnel and Training, Government of India for obtaining the prosecution
sanction in respect of two IAS officers.
These IAS
officers are Sudhanshu Pandey, the then Divisional Commissioner Jammu
(presently Joint Secretary, Union Ministry of Commerce) and Hirdesh Kumar
Singh, the then Deputy Commissioner Jammu (presently Commissioner/ Secretary,
Housing and Urban Development Department).
When the PIL
highlighting encroachment of State land and infamous Roshini land scam came up
for hearing, Advocate S S Ahmed appearing for the petitioner drew the attention
of the court to Miscellaneous Petition particularly the information received
under RTI from the PIO, Ministry of Personnel, Public Grievances &
Pensions, Department of Personnel and Training, Govt. of India vide
No.142/5/2016-AVD (I/C) dated June, 7, 2016.
Vide this
communication the DoPT has disclosed that it has not received any proposal of
sanction for prosecution against IAS officers of J&K Cadre namely Sudhanshu
Pandey and Hirdesh Kumar Singh in FIR No.06/2014 and FIR No.15/2014 registered
by Vigilance Organization Jammu, from Government of J&K under Prevention of
Corruption Act.
Advocate
Ahmed further submitted that State Government is all out to shield the high
profile IAS officers. He also referred to the status report filed by IGP of
Vigilance Organization wherein it has been disclosed that after completion of
investigation as proved the SVO vide No.VO-FIR-15/2014-J-4905-06 dated April,
1, 2015 sought sanction for prosecution from GAD against Hirdesh Kumar Singh
and other serving officers.
He further
stated that vide communication No.SVO-FIR-06/2014-J-20657-58 dated December,
31, 2015 the SVO also sought sanction from GAD in respect of Sudhanshu Pandey
and Hirdesh Kumar Singh in case FIR No.15/2014 and other serving officers.
After hearing
Advocate Sheikh Shakeel Ahmed with Advocates Suraj Singh and Supriya Singh
Chouhan appearing for the PIL whereas Senior AAG Seema Khajooria Shekhar,
Senior AAG S S Nanda, Senior Advocate B S Salathia with Advocate Monika Sumbria
and Senior Advocate Sunil Sethi with Advocate Veenu Gupta, the Division Bench,
in the open court, issued notices to the Chief Secretary and
Commissioner/Secretary, General Administration Department which were accepted
by Senior AAG S S Nanda and Senior AAG Seema Khajooria Shekhar.
Advocate
Monika Sumbria accepted notice on behalf of Hirdesh Kumar Singh, who was
impleaded as party respondent by the Division Bench in an application moved by
him.
Division
Bench also took cognizance of an application filed by the petitioner seeking
directions to Commissioner/Secretary, Revenue Department, Divisional
Commissioner, Jammu and Deputy Commissioner, Jammu to produce before the court
the report of Joint Commission constituted vide Order No.901/CC/Jammu/730-34
dated September 17, 2015 read with order No.901/CC/Jammu/752-56 dated September
23, 2015 with regard to the encroachment of State/Nazool Land in Khasra Nos.
301, 302 and 303 situated at village Jammu Khas near Village Nandni adjoining
to Fourth Bridge, Jammu.
After
considering the submissions of Advocate S S Ahmed, DB issued notices to the
Commissioner/ Secretary Revenue Department, Divisional Commissioner Jammu and
Deputy Commissioner Jammu requiring them to file their response before the next
date of hearing.
Division
Bench also allowed Miscellaneous Petitions moved by Hirdesh Kumar Singh,
Commissioner/Secretary Housing and Urban Development Department and one Sanjay
Mahajan, son of Om Parkash Mahajan, resident of Channi Himmat Jammu (Secretary
S M Iqbal College of Education, Rangreth Gogo, District Budgam) seeking their
impleadment as party respondents in the Public Interest Litigation.
The Division
Bench directed the Registry to list this PIL in first week of August.