Srinagar: After passing four years since the J&K Housing Board scam was unearthed in the state, the probe is still awaiting the final outcome which paves the way to accused to roam free.
Pertinently, on the basis of RTI disclosure Prof. S.K. Bhalla lodged a complaint with the IGP Vigilance and SSP VOJ seeking registration of FIR under Section 5(2) PC Act against Raman Bhalla, Former Minister for Housing, Horticulture, Culture and Youth Services and Sports, Jammu Kashmir Government and Ram Pal Sharma, Former I/c Managing Director J&K Housing Board presently Secretary, Jammu Kashmir Housing Board, Jammu into the Rs.27.60 Crore scam in Jammu Kashmir Housing Board. In the complaint it was submitted that works which were to be undertaken by PDD, PWD, Floriculture and other line departments got executed by the then Minister for Housing for ulterior motives merely by abusing his official position and Ram Pal Sharma the then MD Housing Board just to remain in good books of the then Minister implemented the illegal orders which resulted into creation of huge liabilities. It is further submitted in the complaint that the works were executed through blue eyed contractors in derogation to the norms laid down in J&K Financial Code and the works in question were distributed to select contractors who were enjoying proximity with the Former Minister.
It was reported that all works were executed outside the colonies of J&K Housing Board and the works were executed in the constituency of the then Minister Raman Bhalla and liabilities worth Rs.27.00 crore were created because of non-adherence to the J&K Housing Board Act and the scheme framed under the Act.
Earlier, a Division Bench (DB) of the State High Court comprising Justice Alok Aradhe and Justice Tashi directed Advocate General Jehangir Iqbal Ganai to file fresh status report with regard to the steps taken against the delinquent officials viz. Rampal Sharma the then Managing Director, J&K Housing Board and Aftab Rashid Pandit the then DGM J&K Housing Board Srinagar against whom the enquiry officer appointed by the State Government M. Raju (IAS) had established the charges of financial mismanagement and violation of codal formalities in the execution of works amounting to Rs. 27 crore in J&K Housing Board.
The court direction came in a Public Interest Litigation (PIL) titled Sheikh Mohammad Shafi and another versus Union of India and others.
Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Suraj Singh appearing for the petitioners invited the attention of the Division Bench to the Action Taken Report (ATR) filed by Financial Commissioner, Housing and Urban Development Department wherein it was disclosed that the enquiry officer M. Raju (IAS) in his report has observed irregularities with respect to the execution of works beyond jurisdiction of J&K Housing Board, non-observance of codal formalities and spending out of reserve fund of Housing Board. It was further pointed out from the status report that the competent authority has decided to impose major penalty of debarring further promotions of Rampal Sharma and Aftab Rashid Pandit for their various acts of omission and commission.
Advocate Ahmed submitted that show cause notices have been issued by the H&UDD to the delinquent officials Rampal Sharma and Aftab Rashid Pandit requiring them to submit their written defence within 10 days before imposition of major penalty in terms of Rule 30 of J&K Classification, Control and Appeal Rules, 1956.
Advocate S.S. Ahmed further submitted that since the period of two weeks has already expired, therefore, the Financial Commissioner Housing and Urban Development Department be directed to file a fresh status report.
At this stage Advocate General Jehangir Iqbal Ganai with Deputy Advocate General Raman Sharma and Government Advocate Ahtsham Bhat submitted that before imposition of major penalty on the delinquent officers/officials, the procedure prescribed under law is to be followed and Advocate General prayed for two weeks time to file fresh status report with regard to the steps taken against aforesaid delinquent officials. The Advocate General further submitted that the costs as directed by this Court vide order dated March 12, 2018 have been deposited by the State Government.
Advocate Ahmed also drew the attention of the Division Bench towards the non-filing of response by Commissioner/Secretary to Govt. of J&K, General Administration Department and Principal Secretary to Govt. of J&K, Home Department to the Miscellaneous Petition (MP No.1/2018) wherein the Division Bench vide its order dated February 22, 2018 had issued notices for filing reply within two weeks and the notices had been accepted by Senior Additional Advocate Generals Seema Khajooria Shekhar and Wasim Sadiq Nargal.
Advocate Ahmed submitted that the relief claimed in this Miscellaneous Petition is for the issuance of appropriate directions to the Chief Secretary, GAD/Home Department to initiate disciplinary proceedings against two IPS Officers of J&K Cadre namely Atul Goel and Anand Jain both former SSPs Jammu for misusing/abusing their official position by providing undue security cover to Kewal Kumar Sharma, Forest Guard turned Additional PRO to the then Deputy Chief Minister.
Upon this, the Advocate General prayed for and was granted three weeks time to file objections to the aforesaid Miscellaneous Petition on behalf of GAD/Home Departments.
Advocate Ahmed also read in the open court the status report filed by the Commissioner/Secretary to Govt. Public Works (R&B) Department regarding the disciplinary proceedings against four Executive Engineers namely Bashir Ahmed Butt, Joginder Lal, Tarsem Lal and G.H Khanday the then DGMs J&K Housing Board. The status report stated that the replies filed by the officers stand submitted to the Housing and Urban Development Department vide OM No.PW(R&B) HRM/43/2016 dated January 19, 2018 who is conducting the inquiry into the matter, as cause of action lies in that Department for their appropriate actions.
Division Bench headed by Justice Alok Aradhe granted three weeks then time to the Advocate General to file latest status report on behalf of Financial Commissioner Housing and Urban Development Department with regard to the status report submitted on behalf of Commissioner/Secretary to Govt. of J&K, Public Works (R&B) Department.
. Accordingly it planned to set up housing colonies at six different places in the State. The ground realities are that no housing colony is “sighted” anywhere in the State. This is so even after several years’ wait having gone in wilderness. Administrative ineptness, loose grip over planning and execution process, absence of accountability, non introduction of fixing targets and monitoring not only fulfilling those but fairly surpassing and last but not the least, non adherence to timelines – are all operating in a vicious circle, hence no results are visible at the end of the day.
The six housing colonies were planned to be set up at Tathar in Jammu, Battal Ballian in Udhampur, MeenCharkan in Samba, village Mujagund in Srinagar, Rambirgarh in Srinagar and village Tullibal in Sopore. The housing colony was proposed to be set up at Tathar in an area of 495 kanals of land and the case for its transfer was taken up with the Administrative Department by the Board but till date no action has been taken due to which the Housing Board could not proceed ahead with the project. Similar is the case with the proposed colony at Battal Ballian Udhampur involving an area of 448 kanals of land.
Constellation of forces at work can be gauged by the instance of the setting up of housing colony at MeenCharkanin Samba where the work for land acquiring started in early 2013 but a few people approached the High Court over certain issues and a status quo order was passed in early 2017. No efforts have been initiated so far towards getting the order vacated or modified.
Proposed village Mujugund Srinagar Housing Colony in Srinagar district too is mired in swirl of moving things in hazy way as process was initiated only recently in January 2018 which depicts the likelihood of lengthy process of land acquiring and starting off work of construction. In the same way, no timeframe can be specified for start of work on development of housing colony at Ranbirgarh in Srinagar as papers in connexion with the land acquisition process were sent to the Government by the Housing Board in January 2018 and we cannot expect any response so soon in “deference” to the prevailing work culture in our offices.
Taking up the case of proposed housing colony at village Tullibal in Sopore, Kashmir, it is the same story of sending letters, formality of reminders etc by the Housing Board for transfer of land etc but the authorities in the Government vested with the requisite powers seem to be not inclined to take a decision resulting in the continuance of the status quo ante .
Meanwhile, Civil Society has appealed the Governor and Chief Secretary to intervene into the matter so that culprits can be brought to book as soon as possible.
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