PFJA writes to CM demanding removal of incumbent ADM cum CEO ITANAGAR, Sept 24: The People’s Forum for Justice in Arunachal (PFJA) has written an explosive letter to Chief Minister demanding immediate withdrawal of all judicial and magistrate powers vested to Talo Potom, ADM cum chief estate officer and send him back to his parent PWD department. Armed with dossier of documents, the PFJA claimed that power of executive magistrate, additional district magistrate along with judicial magistrate first class was illegally conferred to Potom without prior approval of state government. He was conferred power of executive magistrate on trial basis u/s 20(1) of CrPC, 1973(No.2 of 1974) on the basis of requisition placed by chief engineer-cum-director, UD and housing in the year 2008. Within 3 months he was given power of ADM u/s 20(2) of CrPC and on 25th August 2009, he was again vested with power of judicial magistrate u/s 32(1) of the CrPC 1973. PFJA claimed that conferment of such power to an officer requires prior approval of state Govt as per the Act by which he was so conferred with power mentioned in above Acts. “The notification of power conferment was issued by then Chief Secretary Tabom Bam to the Government of Arunachal Pradesh for the reason best known to him. The conferment of Executive and Judicial Magistrate powers on ADM hailing from an Engineer background was never placed before state cabinet’s knowledge. Be it so, even the case was not referred to then Minister in-charge concern for obtaining approval which was supposed to do so and he was appointed on pick and choose basis by breaking all norms of established rules,” stated PFJA. Further they continued, “It is also seen that the conferment of ADM power was done at such hurriedness by then Chief Secretary, Tabom Bam, that the matter was put up on file, approved and order issued on same day without referring the matter to the minister concern or for the decision of the state cabinet as per state government allocation of business rule,1998 as such this was the first instant of rare case where a government officer hailing from non-administrative background was to be conferred with executive and judicial magistrate powers for the first time by the state. This is totally not in conformity with the provision of “Assam Frontier Administration of Justice, Regulation, 1945” which is still in force in our state. The said Act does not provide for conferment of judicial and magistrate power on non-administrative officers.” PFJ also alleged that he was appointed as chief estate officer illegally. “Through vide order no DAD- 21 /2011 Dated 23rd March 2011, Potom, an Engineer background in the rank of Assistant Engineer from PWD department was appointed to this high-ranking and powerful posts on officiating basis illegally, on his application for appointment which was easily recommended by former Chief Secretary, Tabom Bam without referring the matter to other departments of the state for necessary vetting. The said appointments clearly indicate hand in gloves between Tabom Bam and Talo Potom, which had appointed an officer of lower cadre directly to the post of Chief level for which he was not competent. An Assistant Engineer, PWD, he was on deputation to UD department, as Deputy Director, UD & Housing vide order no DUD/Esstt-324/05-06(pt)7672-85 Dated 26th March 2007 and his basic pre-revised pay was of Rs 10,000-325 - Rs 15200, revised pay scale as per 6th pay commission re-fixed at 15600-39100 with grade pay of Rs 6600. On deputation he was fixed at his own pay scale and grade as had enjoyed as a regular Assistant Engineer of PWD department. But to utter surprise, all deputation norms were overlooked and he was illegally appointed on officiating basis as Chief Estate Officer, CEO under District Administrative Department (DAD) in the pay scale of Rs 37,400 - 67,000 with grade pay of Rs 8700 (PB- 4) which is the pay scale of Director and Superintendent Engineer level when he had not even been promoted to his next higher level of officer i.e. Executive Engineer. The said appointment had become an open gateway for all such officers having high handiness and political nexus to go up to higher rank without observing the established rules and regulations of deputation norms. Forum also stated that present chief estate officer formed a self-style force unit called “Public Premise Protection Force” (PPPF) and allowed them to wear combat (camouflage) dress of the army which is totally banned by the ministry of home except for combat personnel of Army. They also alleged him of misusing power without jurisdiction. PFJA has also laid down following demands to CM, “Formulation of new policy in the state assembly to deal and solve the land encroachment cases of capital complex other than present APPP Act, 2003, which is not sufficient and have lots of lacunae, fixation of two years term for chief estate officer (CEO) post and appointment of officers of APCS cadre having law background, creation of zone wise estate officer under CEO in the capital complex to check and balance the cases of encroachment on public premises under the next appellate authority of DC’s, till such order is passed by the government the power and function enjoyed by present CEO be kept in abeyance immediately.” Forum has given one month time to CM to take action in regards to their demands, failing which they threatened to launch democratic movement.
Posted on: Tue, 24 Sep 2013 23:45:05 +0000
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