Jammu: The Jammu and Kashmir High Court has directed commissioner Secretary, Housing and Urban Development Department to post present Secretary Ram Pal Sharma and DGM Aftab Rashid Pandit of J&K Housing Board to some other posts of their grade and cadre in some other department till the completion of departmental enquiry against them.
A division bench of Justices Alok Aradhe and B.S Walia passed on order after perusal of a compliance report submitted by senior Additional Advocate General S. S. Nanda.
“We find that the departmental enquiry has been initiated against Rampaul, the then MD and presently posted as Secretary, J&K Housing Board. Similarly Aftab Rashid Pandit, against whom the departmental enquiry has been initiated, is also serving as D. G. M. Unit-II. The Supreme Court in the case of Centre for Public Interest Litigation v. Union of India & Anr., (2005) 8 SCC 202, has held that the postings of officers holding sensitive posts should be done in a transparent manner giving no scope for any grievance,” the court observed.
The Supreme Court, it said, has also directed the transfer to some other posts of the delinquent officer who is facing alleged serious charges of malpractice and corruption.
“We direct the Commissioner Secretary, Housing and Urban Development Department to take steps for posting of Rampaul the then MD, presently posted as Secretary, J&K Housing Board and similarly Aftab Rashid Pandit, D. G. M. Unit-II, to some other posts of their grade/cadre in some other department till the completion of departmental enquiry against them.”
The court also directed L. K. Moza, Additional Advocate General, to submit status report with regard to the action taken by the Commissioner Secretary, Public Works Department regarding draft charges as also his approval regarding departmental enquiry initiated against the officers, who have been sent on deputation.
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