Shimla: The Himachal Pradesh government today retracted from its earlier stance stated before a bench of the High Court that the executive was in the process of shifting 43 officers of doubtful integrity from sensitive to non-sensitive posts.
In an affidavit placed before the division bench of acting chief justice Mansoor Ahmad Mir and Justice Kuldip Singh, the officiating chief secretary submitted that the assurance was made by the additional advocate general inadvertently and no such written assurance was made in the affidavit filed by him on 16 November, 2013. 
Distancing the government’s stance from the one made before the bench of Justice Kuldip Singh and Justice Dharam Chand Chaudhary on 18 November, 2013 the chief secretary let the court know “it is always the effort of the government to avoid posting of such officers in sensitive posts, but since non-sensitive posts are not there in all cadres and hence, it may become unavoidable to post some officers in posts, which cannot strictly be termed as non-sensitive.”
Since the government has sought a recall or modification of the earlier order that had directed the state government to shift 43 officers of doubtful integrity from sensitive to non-sensitive, the court has listed the case for 6 December.
As the earlier court directive was passed by Justice Kuldip Singh and Justice Dharam Chand Chaudhary bench, “the application to recall/modify the orders will also be placed before the same bench,” the court today ordered.
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THE ADVOCATE GENERAL SUBMITTING AFFIDAVIT “inadvertently” IN COURT OF LAW is sheer mockery,……..CREDIBILITY????
News Update:
Himachal Pradesh Court locks horns with state over shifting of tainted officers
CMP NO. 19943 of 2013.
This is an application for modification of order dated 18.11.2013 passed by this Court, which reads thus:
“Mr. M.A. Khan, learned Addl. Advocate General has stated that affidavit dated 16.11.2013 of the officiating Chief Secretary has been filed in compliance to the order dated 14.11.2013. He has stated that the process is going on for shifting 43 officers of doubtful integrity who are posted on sensitive posts to non-sensitive posts. He has sought some time for doing the needful. Let an affidavit of the Chief Secretary be filed in two weeks, indicating shifting of 43 officers of doubtful integrity to non-sensitive posts within minimum period. Post on 2.12.2013.’’
2. In the application supported by an affidavit of Additional Chief Secretary, the statement made by learned Additional Advocate General in the court on 18.11.2013 has not been denied. It has, however, been stated that such statement was made by the learned Additional Advocate General inadvertently. We are not going into the question whether the statement was made by learned Additional Advocate General on 18.11.2013 in the court inadvertently or not. It is the stand of respondent No. 1 that there are 43 officers of doubtful integrity, who are posted on sensitive posts. In the application, in para-4, it has been stated thus:-
“However, in this regard, it is further submitted that in Para-5(a) of earlier affidavit dated 1.10.2013
the applicant has already made submission as under:-
3. The Additional Chief Secretary has filed supplementary affidavit dated 29.11.2013. In paragraph- 2(iv) of Annexure-A dated 25.11.2013 which has been issued by Addl. Chief Secretary to all the Administrative Secretaries to the Government of Himachal Pradesh and accompanied with supplementary affidavit, it has been stated thus:-
“That, efforts be made continually that such officers, if posted on sensitive posts, are removed from such
posts at the earliest opportunity.”
4. It emerges from the stand of the State that it is always the effort of the government to avoid posting of officers of doubtful integrity on sensitive posts, but since the posts available in government do not always have non-sensitive posts in all cadres and hence it may become unavoidable to post some officers in posts which cannot strictly be termed as non-sensitive. In the letter dated 25.11.2013, a direction has been given to make efforts continually that such officers, if posted on sensitive posts, are removed from such posts at the earliest opportunity.
The exercise be done in three weeks and the Chief Secretary to file an affidavit of compliance before 27.12.2013. The application stands disposed of.
CWP No. 4916 of 2010
Post on 27.12.2013 before appropriate Bench.
Copy dasti.
(Kuldip Singh), Judge
(Dharam Chand Chaudhary),Judge
December 6, 2013.