Monday, July 11, 2016

Regularise services? How was he appointed at all?

Chandigarh Tribune‎‎‎‎: Chandigarh: Monday, July 11, 2016.
Punjab’s State Transport Commissioner Harmel Singh Sra’s letter to the Transport Secretary for regularisation of services of an Additional District Transport Officer (ADTO) — his son Simran Sra on completion of the two-year probation period has led to questions being raised about the appointment itself.
Sra is considered to be well connected with the ruling Badal family, which has sizeable business interests in the transport sector. At the time of his son’s appointment in September 2013, he was the Additional State Transport Commissioner, before being elevated a year later, taking over from Harjit Singh.
The case cropped up in January this year, when the office of the STC wrote to the office of the Transport Secretary, seeking regularisation of Simran’s services. Seeing the “anomalies” in the ADTO’s file, Secretary R. Venkatratnam sought clarifications; several reminders were also sent to the Commissioner’s office, but no answer was forthcoming.
In May, Venkatratnam was divested of the post for “daring to raise the issue”, though officials flatly refute it.
A superintendent and a senior assistant in the Secretary’s office were asked to explain how Simran’s appointment orders were issued in 2013 without “cross-checking” the rules. The two, in their explanation, claimed that since the appointment was cleared by the then Secretary and Transport Minister Ajit Singh Kohar, they could do little. There were verbal instructions to clear the file, both admitted on record.
Kohar, when contacted, said he could not recollect the case but would look into it, while Sra claimed there was nothing amiss, the “Principal Secretary was satisfied with the appointment and a reply would be sent soon”.
Such was the attraction to get absorbed in the Transport Department that Simran Sra came on a lower scale from the Public Works Department (B&R), where he had been appointed as a junior engineer.
Though the rules specify that only a regular employee can be taken on a transfer basis, he was shifted as ADTO despite being on probation.
Sources said Simran had joined as a JE in PWD just five months before he was selected as ADTO.
Documents assessed by The Tribune under the RTI Act reveal that right from bypassing the competent authority for getting the eligibility criteria altered to inviting applications, the entire process was “orchestrated” to ensure that the intended beneficiary remained the only eligible candidate to fill the post of ADTO.
Of the three candidates, the application of Mandeep, a Kanungo in the Revenue Department, was outrightly rejected for being ineligible and that of Nipun Syal, a BTech and working in the Water Supply and Sanitation Department, was rejected for not applying through the proper channel and not attaching his degree certificate. 
Though the office of Principal Secretary, being the administrative head of the department, was competent to move the case before the government and seek instructions, it was put up by the office of the STC and routed through the Minister on a single file.
To apparently suit Simran’s qualifications, the eligibility criteria was changed — from graduation to graduation with 55 per cent marks and giving preference to BTech — at the level of the State Transport Commissioner, whereas the competent authority to effect changes is the government. It was stated that “BTech students are more intelligent and hard working”. Simran has a BE in Civil Engineering.
The government instructions regarding filling posts on a transfer basis after exhausting the channel of direct recruitment was not followed before putting up the file for approval before the Transport Minister.
While putting up the file, it was stated that there was no clarification to fill the posts through direct recruitment.
Even after getting orders from the Transport Minister in January 2013 to circulate the notice for inviting applications from different government departments, it was allegedly not circulated. Instead, an advertisement inviting applications for the post was given in two vernacular dailies.
Then, after a gap of over seven months, the move to fill the post of ADTO was revived at the level of the STC (Sra was Additional STC then) without getting it approved from higher authorities.
10 objections raised by Transport Secretary
1.    Is there any provision to fill ADTO post through inter-department transfer?
2.    Clarify whether any effort was made to fill the post through direct recruitment?
3.    While the government eligibility for direct recruitment is graduate, was approval taken to change the criteria?
4.    Was written test taken as per the rules?
5.    Provide copies of notices issued to different departments for seeking applications to fill posts on transfer basis
6.    Was Simran Sra a regular employee in PWD, had his probation period ended in that government department?
7.    Can employee on higher scale be transferred to a lower-scale post?
8.    Was BTech certificate of Simran Sra included in the file? Attached in file is candidate’s BE in Civil Engineering certificate
9.    Was other candidate Nipun Syal given the opportunity to present his BTech certificate?
10.  Was approval taken to extend the date to accept application to August 2013?