SHEIKH MOHD. SHAFI Vs. UNION OF INDIA

JUDGEMENT

(1.) A number of issues of public importance have been raised in this Public Interest Litigation in which this Court has issued various directions from time to time. One of the core orders was passed on 4.4.2014. The aforesaid order had taken notice of three issues, namely, (a) what action has been taken in respect of 147 Gazetted officers against whom departmental enquiries were pending; (b) in pursuance of SRO 368 dated 19.08.2013 [Refer 2013 (19) JKS JK-190], 07 Additional District and Sessions courts were empowered to hear the cases registered under the Jammu and Kashmir Prevention of Corruption Act 2006. However, the prosecuting agency and accompanying staff was also required to be supplied. Sanction order dated 16.04.2014 (R-7) was issued, which stipulates creation of seven posts of CPO/SPO and junior Stenographers. In various orders passed by this court, dissatisfaction has been expressed for not taking any step for filling up the aforesaid sanctioned posts. A reference in that regard be made to orders dated 23.4.2014 and 16.5.2014. (c) The third issue was as to the interim arrangement to provide Prosecuting Officer to the aforesaid seven Additional Sessions Judges. At the hearing today, a reference has been invited to the compliance reports dated 29.5.2014, 6.6.2014, 4.7.2014 and 7.7.2014.

(2.) Apart from the aforesaid three issues, Mr. Sunil Sethi, learned Sr. counsel has also raised the issue of filling up the position of Chairman and a Member in the Accountability Commission as they are likely to complete their tenure in August, 2014. He has expressed the apprehension that the 'Accountability Commission' would become a defunct body if the steps for filling up the positions of Chairman and a Member are not taken by constituting a search committee.

(3.) On the issue of action taken against 147 officers involved in the departmental enquiries as disclosed in CMA No. 64/2014, our attention has been invited by the learned counsel for the parties to the compliance report dated 29.5.2014. It has been submitted that 12 departmental enquiries have been disposed of under rules by different departments including School Education Department (1), Cooperative Department (2), Health and Medical Education Department (1), Rural Development Department (4), Public Works Department (03) and J&K Special Tribunal (01). It has not been disclosed in these 12 enquiries, as to what were the nature of allegations and the status of the delinquent employee. We are constrained to observe that the GAD is slack in securing information from the concerned departments for obvious reasons and concerned departments are shying away in disclosing complete information. The information as per the directions issued by this court on 4.4.2014 has not been disclosed so far and it would be apposite to remind the respondents para 2 of order dated 4.4.2014, which is set out below in extenso:-