Himachal government retracts from moving tainted officers to non-sensitive posts

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. corruption

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.

As Editor, Ravinder Makhaik leads a team of media professionals at Hill Post. Spanning a career of over two decades in mass communication, as a Documentary Filmmaker, TV journalist, Print Media journalist and with Online & Social Media, he brings with him a vast experience. He lives in Shimla.

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2 Comments

  1. says: ABHACHAWLAMOHANTY

    THE ADVOCATE GENERAL SUBMITTING AFFIDAVIT “inadvertently” IN COURT OF LAW is sheer mockery,……..CREDIBILITY????

  2. 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:-

    5(a) ‘It is always the effort of the Government to avoid posting of such officers in sensitive posts. However, 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. This decision is taken by the respective departments with the prior approval of the competent authority in each such case.”

    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.

    5. In the light of the stand of the State itself for shifting officers of doubtful integrity from sensitive posts at the earliest opportunity, there should be no impediment for the State to shift officers of doubtful integrity as early as possible and if for doing so some exercise is to be done by the State for identifying the posts where 43 officers of doubtful integrity are to be shifted then after doing necessary exercise, the said 43 officers of doubtful integrity already identified by the State be shifted from sensitive posts to non-sensitive posts.

    In case still some officers of doubtful integrity due to unavoidable reasons could not be shifted then spell out such reasons.

    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.

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