DB debars Prof NK resutra from functioning as BOSE Chairman : JAMMU: In a significant development of far reaching consequences, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan debarred Prof N K Resutra from functioning as Chairman of State Board of School Education forthwith. The DB directed Secretaries of Higher Education and School Education Departments to pass appropriate orders suspending SRO-452 whereby Prof Resutra was appointed as head of this autonomous body. This most important judgment was delivered in a Public Interest Litigation (PIL) titled Sheikh Mohd Shafi and Another Versus Union of India and Others wherein a number of issues of public importance have been raised. The judgment particularly with regard to controversial appointment of Prof Resutra was reserved by the Division Bench on November 26 after hearing the arguments of Advocate Sheikh Shakeel Ahmad for the PIL, Senior Advocate Sunil Sethi for Prof Resutra and Senior Additional Advocate General, Gagan Basotra for the State. The appointment of Prof Resutra as Chairman of the Board of School Education was challenged on the ground that he was facing charges of misappropriation/embezzlement of FUNDS and abuse of power in his capacity as Principal Government Degree College, Rajouri. In these allegations, the State Vigilance Organization vide its letter dated April 2, 2014 had intimated to the Higher Education Department to initiate regular departmental action against Prof Resutra for the payment of excessive rate in purchase and installation of Wi-Fi. Thereafter, vide Government Order No. 381-HE dated July 23, 2014 the case was withdrawn from the Commissioner of Enquiries and Director Colleges was appointed as enquiry officer. Mohd Riyaz, Under Secretary, Higher Education Department was appointed as Presenting Officer. However, owing to some reasons Project Director RUSA had to be appointed as enquiry officer vide Government Order No.405-HE of 2014 dated August 8, 2014. But he too could not complete the enquiry and accordingly Kiran Bakshi, Principal Government College for Women, Gandhi Nagar was appointed as enquiry officer vide Government Order No.456-HE dated September 30, 2014. The enquiry report was received in the Higher Education Department on October 27, 2014 and examination of the report revealed that the Presenting Officer had not been summoned by the enquiry officer. Further, the enquiry officer had rendered findings only with regard to the excess payment in the purchase and installation of Wi-Fi system when article of charges served to the accused officer contained many more charges of irregularities and improper utilization of local FUNDS of Government Degree College Rajouri about which the enquiry officer had not made mention of. In this application, the DB had also disapproved the unnecessary and deliberate delay in completion of enquiry suspecting that someone in the higher echelons of administration was trying to shield Prof Resutra. In 13-pages judgment, the DB while placing reliance on judgments of Supreme Court rendered in cases of Subramaniam Swamy Versus Manmohan Singh and Union of India Versus K V Jankiraman has observed, “when an officer is facing regular departmental enquiry contemplating imposition of major penalty then he becomes ineligible for promotion to further higher post from the date of issuance of charge sheet”, adding “the officer has to wait till he is given clearance”. Observing that despite pendency of a regular departmental enquiry contemplating infliction of major penalty, Prof Resutra was appointed as Chairman of BOSE, the DB asked, “can in such a situation, a person be considered for a coveted position, who has to inspire public confidence by performing various duties associated with selection, appointment, examination and many others”, adding “a public servant who is to hold such sensitive position must be above the needle of suspicion like Caesar’s wife”. With these observations, the DB directed Secretary to Government Higher Education Department as well as Secretary to Government School Education Department to pass appropriate orders suspending SRO 452 dated 22.10.2014 and re-consider the matter after the regular departmental enquiry is completed. “If the Enquiry Officer exonerates Prof Resutra then the matter be re-considered. In case Prof Resutra is found guilty of charges then SRO 452 dated 22.10.2014 shall be deemed to be withdrawn”, the DB said, adding “as a consequence Prof Resutra shall stop functioning as Chairman J&K BOSE forthwith. However, he shall continue on the post of Principal as per posting to be given to him by the Higher Education Department”. The DB directed State to conclude the enquiry expeditiously preferably within a period of two months. “Any observation made in this order shall not be construed by the enquiry officer or by the authorities as an expression of opinion on the charges leveled against Prof Resutra”, the DB made it clear, adding “this order seeks to apply the principles of law laid down by Supreme Court and endeavour to provide clean administration”. The DB also directed the respondents to file a detailed status report with regard to Prof Hemla Aggarwal, who is also facing some allegations, before the next date of hearing fixed in the main case.
Posted on: Fri, 12 Dec 2014 06:33:43 +0000
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