Jammu, Feb 15, KNT: In the much publicized Public Interest Litigation (PIL) titled Sheikh Muhammad Shafi v/s Union of India and others, wherein the petitioners in July, 2019 filed application (CM No.4955/2019) seeking quashment of order No.26014/1/2019-AIS-II dated June, 30, 2019 whereby Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Govt. of India accorded approval to the extension in service of Baseer Ahmed Khan (IAS) for a period of one year as a special case beyond the date of his superannuation.
A Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar after hearing Advocate Sheikh Shakeel Ahmed for the petitioners had issued notices to the DoPT, GOI and Chief Secretary J&K, Commissioner/Secretary General Administration Department requiring them to file their response to the application seeking quashment of Baseer Ahmed Khan’s extension in service. The Division Bench on the said date had also impleaded Baseer Ahmed Khan as party respondent in the PIL and Senior Advocate R.K. Gupta with Advocate Uday Bhaskar had caused appearance on his behalf and had sought time to respond to the petition. ASGI Vishal Sharma had accepted notice on behalf of DoPT GOI in the open court.
Advocate S.S. Ahmed had highlighted a Judgment dated March, 4, 2013 passed by the Division Bench of the State High Court then headed by Chief Justice M.M. Kumar (since retired) whereby the Division Bench had directed the State of J&K to shift/ relieve Baseer Ahmed Khan (IAS) then Deputy Commissioner Srinagar in view of his facing serious charges of corruption in case FIR No.08/2009 P/S VOK (infamous Gulmarg Land Scam). The Division Bench in its authoritative pronouncement had ruled that, ‘a person who has been facing serious charges of corruption could not be permitted to remain posted in the capital city and at capital city a person with clean image should have been posted.’ The said order of the Division Bench was also upheld by the Apex Court as the State of J&K withdrew the SLP and later shifted Baseer Ahmed Khan from the coveted post of Deputy Commissioner, Srinagar.
In a significant development pursuant to the notice issued by the Division Bench of the State High Court, the Department of Personnel and Training, Govt. of India through its Under Secretary Sandeep Kumar Sinha has filed an affidavit in the instant PIL wherein it is averred that the Chief Secretary, Govt. of J&K vide D.O. letter No.GAD(Ser)IAS/20/201 dated June, 12, 2019 submitted a proposal for granting extension in service to Baseer Ahmed Khan Divisional Commissioner, Government of J&K for a period of one year beyond June, 30, 2019 by relaxing in the provisions of All India Services (Death-cum-Retirement Benefit) Rules 1958 as a special case. The D.O. letter further pointed out that since June, 2018, the Governor’s Administration has been striving hard to provide its citizens a clean, transparent and accountable administration. However, the State is confronted with a severe shortage of officers at senior levels. Against a sanctioned strength of 137 posts in IAS cadre of the State, only 68 officers are in position in the State with 13 officers on central deputation. This shortage is adversely impacting implementation of various initiatives/programmes and service delivery.
The affidavit filed by DoPT further states that Baseer Ahmed Khan has the rare distinction of having served as Deputy Commissioner (District Collector) of seven districts viz. Budgam, Pulwama, Anantnag, Baramulla, Udhampur, Srinagar and Kishtwar and the said officer has played a splendid role in conduct of Municipal and Panchayat Elections-2018 and Lok Sabha Elections-2019. The affidavit further says that the competent authority approved extension in service to Baseer Ahmed Khan (IAS) for a further period of one year beyond June, 30, 2019 as a special case, in public interest, without it being quoted as a precedent case in future. (KNT)
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