HC stays SAC proceedings against CM and others

The High Court today stayed the proceedings initiated by the State Accountability Commission (SAC) against Chief Minister Omar Abdullah and various boards for conferencing Ministerial status on politicians.

The SAC had last month issued notices to Chief Minister Omar Abdullah, his Advisor Mubarak Gul, Political Advisor Devinder Rana, Vice Chairmen-Mushtaq Shah, Bashir Naz, Rashpal Singh, Kuldeep Verma, Vice Chairperson Swarn Lata and Chairpersons- Shameema Firdous and Khem Lata Wakhloo; and asked them to explain under what rules ministerial status was conferred to CM's Advisors and heads of boards.

The SAC had observed that conferring Ministerial status was seen as undue favor to the politicians at the cost of the public exchequer and had taken suo moto cognizance on the issue.

Justice Mansoor Ahmad Mir of the High Court stayed the order of the Commission passed on February 17 by the SAC and also the proceedings before the Commission.

Mushtaq Bukhari, Shamima Firdous, Bashir Ahmad Naaz and Kuldip Raj had filed petitions before the High Court seeking orders to quash the proceedings before the SAC on the notices issued to them.

The Counsel for the petitioners advocate Jahangir Iqbal pleaded that the State Accountability Commission Act does not provide any powers to the Commission to take suo moto cognizance of any matter without any complaint.

Advocate Jehangir pleaded that provisions of the law suggest that there should be a complaint and complainant before the Commission so as to enable it to take cognizance under the SAC Act.

The court has observed that a complaint has been filed against Khem Lata Wakhloo only by one Wali Mohammad Mir and not against the others against whom notices have also been issued. In Wakhloo's case there is no stay as the complaint stands registered against her.

While admitting the petitions, Justice Mir issued notices to the State Government and the SAC with the direction to file their responses within four weeks.

How Sham brightened his own mornings in Health

Once a pharmacist and now Minister of Health in Omar Abdullah-led coalition Government, Sham Lal Sharma, has brazenly violated all rules, norms and principals of propriety in making appointment of almost all heads of departments (HoDs) as he went for a pick-and-choose of his favourites and sycophants. None of these appointments has been cleared by the State Government's Establishment-cum-Selection Committee (ESC), headed by Chief Secretary, or confirmed by the Cabinet, headed by Chief Minister.

Upon the superannuation of Dr Mohammad Amin Wani on 31-03-2011, Assistant Director Dr Saleemur Rehman was picked up and appointed as Director of Health Services Kashmir. It is perhaps immaterial to mention that Dr Rehman had a break in service for nearly four years or he figured in the seniority list of the department's Assistant Surgeons far beyond 550. But, it is more than significant that Dr Rehman was confirmed as Assistant Director (AD) by J&K Public Service Commission on lately as on 24-03-2009. Without the Minister's undue favour, he would have reached the rank of Director in 2019.

Days before Dr Amin Wani's retirement, Special Secretary Health, Manzoor Ahmad Shah, made a panel of seniormost officials and forwarded it to ESC and Cabinet through Minister incharge Health. According to well placed sources in the department, name of Deputy Director (DD) Headquarters, Dr Gursharan Singh, stood on the top of the panel by virtue of his seniority and performance. Without forwarding the panel to the competent authority, Minister turned down the proposal. He instead sent the file directly to Chief Minister with the recommendation that Dr Saleemur Rehman be appointed to function as Incharge Director. The CM, according to sources, approved the suggestion but made it clear that the incumbent would hold the charge temporarily till availability of the qualified and suitable official. On 01-04-2011, Dr Rehman took over as Director Health Services Kashmir.

According to sources in bureaucracy, Cabinet alone happens to be the competent authority of appointment of an HOD, including Director Health Services. The proposal, according to these sources, should have been forwarded by the Minister to ESC, on way to Cabinet, through circulation of CM. Administrative experience of seven to 10 years as AD/DD, besides continuity of service without break and top grade APRs for the previous five years, have been fixed as pre-requisites for consideration of an incumbent as HoD.

Interestingly, the administrative department of Health and Medical Education had submitted in a court just two months before that Dr Saleemur Rehman was simply an AD, who had neither seniority nor other qualifications required for appointment of a Director. This averment, duly approved by the Minister, was submitted to J&K High Court when Dr Saleemur Rehman challenged the appointment of Dr Rakesh Khajuria as Director Family Welfare, J&K. The petitioner, Dr Rehman got the order stayed from the court.

In the Letters Patent Appeal (LPA) against the Order/Judgment dated 31-12-2010 passed by Justice Hasnain Masoodi in Dr Saleemur Rehman's SWP No: 1539/2010, Senior Additional Advocate General, Ali Mohammad Magray, submitted to the court a statement of facts, on 28-01-2011, that had been drafted by Department of Health and Medical Education. It reads:

"It is respectfully submitted that the contesting respondent (Dr Saleemur Rehman) had applied against the direct recruitment post of Assistant Director filled up on recommendations of the PSC in terms of Commission's recommendation conveyed vide No: PSC/DR/HME/AD/DTO/07 dated 24-03-2009 and on acceptance of the recommendations, the appellants accorded sanction to his appointment as Assistant Director, Family Welfare, Srinagar in the pay scale of Rs 10,000-15,200 vide Government Order No: 165-HME of 2009 dated 2-4-2009….."

It adds: "That the respondent admittedly is appointed as Assistant Director Family Welfare against the direct recruitment post in terms of Government Order No: 165-HME of 2009 dated 2-4-2009 on the recommendations of PSC, therefore, for all intends and purposes of law, he (Dr Rehman) is on probation and can not be treated as a Member of the service unless he is brought on substantive appointment after declaring the period of probation as having completed successfully. Besides, the respondent (Dr Rehman) on completion of such probation has to be considered for the post of Deputy Director Health Services".

While Dr Saleemur Rehman, according to Government itself, was yet to be confirmed as Deputy Director on 28-01-2011, he got a windfall on 31-03-2011 when, without any direction from High Court or the Cabinet, he was appointed as Director of Health Services Kashmir.

An Indian tribe are isolated from civilization
Farmers awareness camp organized

Panchayat Maha Sabha at Parade

The Chief Minister Omar Abdullah Wednesday said that the government was examining two proposals of creating a separate department for implementation of Pubic Service Guarantee Act (PSGA) under the overall control of the Chief Minister or a Commission like that of State Right to Information Commission to be headed by an independent authority to enforce its provisions in J&K.

He was addressing a gathering of Sarpanchs and Panchs at Parade Ground here today. The function was organized by Rural Development and Law, Justice and Parliamentary Affairs Departments.

Describing Pubic Service Guarantee Act (PSGA) as one of the biggest initiatives of his government for public empowerment and good-governance, Omar said that the state of Jammu and Kashmir was among the vanguard states in the country to have such a powerful and effective Act in place to ensure prompt service delivery.“Anna Hazare sat on hunger strike for similar legislation,” he said highlighting the importance of this piece of legislation to curbing corruption at lower levels and making service delivery time bound.“We are examining two proposals of creating a separate department for implementation of PSGA under the overall control of the Chief Minister or a Commission like that of State Right to Information Commission to be headed by an independent authority to enforce the provisions of PSGA in the state,” he said indicating the thrust government wanted to lay on the strict implementation of the Act across the state.

The Chief Minister said that Panchayats would be integrated with the planning process at Halqa level during the next financial year adding that this mechanism could not be rolled out in the current financial year as the elections to these institutions were completed in mid year.

Omar said that the elections of Block Panchayat Councils are likely to be completed by March 2012 and those of District Panchayat Councils soon after the Urban Local Body elections are held. Indicating allowances for Sarpanchs and Panchs, the Chief Minister said that a proposal in this regard has been prepared by the Rural Development Department and is presently under examination in the Finance Department.

“We intend to accommodate your demand in this regard to some extent,” he told the grand Panchayat meeting of Sarpanchs and Panchs asking them to devote their full attention to work for public good.

Underlining the role of panchayats in disseminating the provisions of PSGA, Omar said that these basic democratic institutions would play key role in helping the people to get public service delivery in fixed time frame as envisaged in the Act. The Panchayat members could create greater public awareness about the Act educating the people as to how they could take best advantage of it for obtaining public services from the administration in a fixed time limit.

Omar said that the Act turned the table so far as bribes were obtained by unscrupulous government employees for providing public services like issuance of building permission, driving licenses, state subject certificates, ration card, electric and water connections, etc., to common people. “Now the Act has empowered the people to receive compensation from the erring officials for failing or showing any laxity or delay in providing these services within the specified time frame,” he said asking the people to utilize the provisions of this Act to their best use.

“I have been told that the first fine under the Act has been imposed on a Tehsildar from Reasi for not providing Reserve Category Certificate to the applicant in fixed time limit. A portion of it will be paid as compensation to the affected applicant,” he said adding that the Act would be an effective tool in the hands of people to transform the service delivery system of the administration.

The Chief Minister said he had directed bringing some services of Home Department under the ambit of the Act which included issuance of copy of FIR and character certificates. The issuance of MGNREGA card had also been asked to be made time bound under the PSGA. Omar said “Despite many attempts made to disturb law and order and peace in the Valley and other parts of the state by certain elements utilizing different untoward incidents, the people understood the designs of these elements and rejected them totally”, he added and asked the hand of common masses for leading the state towards the shore of peace, prosperity and progress.           

Omar gave full credit to people for extending their full support to him in steering the state out of various troubles and said that the credit goes to people for creating 2011 as a year of peace and economic betterment.          

The Chief Minister said that the peaceful 2011 helped in registering large number of tourists in the state. “About 13 lakh tourists visited the Valley, 6.37 yatris visited Shri Amarnath and over one crore pilgrims visited Mata Vaishno Devi,” he said adding that this helped in generation of wide-ranging economic activities. He expressed the hope that 2012 would also be the year of peace and development in the state. Omar lauded the efforts of PDD, R&B, PHE, CAPD, BEACON, National Power Grid Corporation and other agencies and individuals who worked tirelessly in the biting cold to restore the public services that were severely damaged by the recent heavy snowfall in the Valley and Jammu areas. “I was overseeing the operation and showing my solidarity with them,” he said adding that they actually worked in most difficult conditions and restored the services.

Speaking on the occasion, Minister for Rural Development, Law and Justice, Ali Mohammed Sagar said that those (PDP leadership) who launched false propaganda against the coalition government are in fact very much frustrated by witnessing the success of Omar-led dispensation in all fields of life. “These people are jealous of the significant work culture put in place by the coalition and historic achievements registered to ameliorate the lot of masses,” he added and said that during their (PDP) tenure they could not even transfer one service to panchayats and urban local bodies and made these non-entity units.

He said coalition government would continue to work with added efforts to bring about socio-economic change and peace in Jammu and Kashmir making it prosperous, tranquil and progressive state as dreamt by Sher-i-Kashmir Sheikh Mohammed Abdullah.

Presenting resume of the achievements registered in Rural Development and other sectors during the last three years, Sagar said that the funds earmarked for MGNREGA in 2008-09 when the present government took over were just Rs 69 Cr which have been raised to Rs 750 Cr this year and next year’s allocations would be Rs 1500 Cr. He said wide-ranging development works in huge numbers in the form of construction of roads, culverts, small bridges, check dams and protection bunds have been completed across the state besides raising plantations and conducting land development works.

Sagar said that the state government has sent a proposed to the Government of India for enhancing the daily rate of MGNREGA workers from Rs. 100 to Rs. 125. “We want to raise it to Rs. 200 in near future,” he added and said that snow clearance operation was also being brought under ambit of MGNREGA to provide additional mandays of work to the labourers in winter months.

Sagar expressed gratitude to the UPA leadership for extending full support to Omar-led coalition for meeting all challenges and carrying forward development process with a purpose and determination. He said that coalition government was working in tandem to bring about socio-economic change in the state and restore peace. “We would work with same determination and commitment during next three years under the leadership of Omar Abdullah to achieve the targets on all fronts,” he added.

The Law Minister also referred to the measures government has initiated for the welfare of Bench and Bar and talked about in detail about the enactment of historic Public Service Guarantee Act in the state.In his speech Minister of State for Rural Development, Ajaz Ahmad Khan said that the people were real judges to judge the performance of a government. He said the work card of coalition dispensation under the leadership of Omar Abdullah was the mirror of its public friendly and development oriented approach.Khan said that the achievements registered in rural development and other sectors itself speak of the government’s intension at revolutionizing the socio-economic conditions of the people especially living in far-flung and backward area.

He also talked about the holding of panchayat elections and transferring of powers to the sarpanches and panches and said that the powerful, effective and viable panchayat system is the aim of the government.

Both Sagar and Khan lauded the Chief Minister for himself monitoring the restoration of public services to the people that were disrupted due to heavy snowfall. “Your visits to various affected districts in the Valley and in Jammu and personally overseeing the restoration operation in difficult situation put in energy and enthusiasm in the functionaries and helped restoration of services as early as possible,” they said.

Omar inaugurated the photo exhibition organized by Information Department to depict the three years achievements registered in the Rural Development sector.The Chief Minister released Urdu, Hindi and English version of Public Service Guarantee Act in a form of a Book published by the Rural Development Department. He also released Report Card of the Department for last three years and a newsletter by the Department of Law and Justice.

The Chief Minister also released revised 3 Vols. of J&K Law Book. Its 6 more Vols. are expected by March 2012.Present on the occasion were Minister for Industries, S S Slathia, Minister for Higher Education, Abdul Gani Malik, Minister for Sheep and Animal Husbandry, Aga Syed Ruhulla, Minister of State for Power, Shabir Ahmad Khan, Advisors to the Chief Minister, Mubarak Gul and Devender Singh Rana, Vice Chairpersons of Advisory Boards, Swarn Lata, Rachpal Singh, Bashir Ahmad Naaz and Kuldeep Raj, legislators, senior officers and sarpanches and panches from various areas of the state.Commissioner Secretary Rural Development, Farooq Ahmad Peer presented the welcome address while the Secretary Law G H Tantray presented vote of thanks.

First Batch of Hajjis Reach Valley

The first batch of  Hajj pilgrims from the state arrived here today.Chief minister, Omar Abdullah received the pilgrims at the airport here. Minister of state for Hajj and Auqaf, Ajaz Ahmad Khan, was present on the occasion.279 pilgrims formed the first batch and were flown here in an Indian Airlines plane.While interacting with the pilgrims, Omar  enquired about their well being. He congratulated them for performing the Hajj successfully and returning to their homes.The pilgrims expressed satisfaction over the arrangements made by the government for their smooth travelling and stay at holy places.

Chief Minister, Omar Abdullah today received the first batch of Hajjis at Srinagar Airport who returned back after performing the Hajj.

The Minister of State for Hajj and Auqaf, Ajaz Ahmad Khan was present on the occasion.

While interacting with the Hajjis, Omar Abdullah enquired of their welfare and shared wishes with them. He congratulated them for performing the Hajj successfully and returning back to their homes.

The Hajjis expressed satisfaction over the arrangements made by the Government for their smooth travelling and stay at holy places.

The first batch of 279 Hajjis arrived here today by Indian Airlines flight.

The Additional Commissioner, Kashmir, Abdul Majid Wani, DIG Srinagar-Budgam, Abdul Gani Mir, Director Information, Khawaja Farooq Renzushah, Deputy Commissioner, Budgam, Mohammad Rafi, Director, Airport Authority of India, Raj K. Malik, and other officers were also present on the occasion.

Chief Ministers Constituency Without Water Supply

Residents of many villages of chief minister Omar Abdullah’s Ganderbal constituency are up in arms against the government as despite years of wait, these villages are still without the proper drinking water supply. Though the pipelines and other necessary infrastructure has already been accomplished, but the taps continue to remain thirsty in the absence of the water supply. In Safapora of Tehsil Lar, Pahlipora, Sheikh Mohalla, Wani Mohalla, Chan Mohalla, Naid Mohalla, Choh, Danger Mohalla and many other adjoining villages have been waiting for the past many years now to see the water supply in their villages and mohallas. “There is no water available for us in this age of science and technology”, lamented Manzoor Ahmad, a contractual

lecturer.“Though the Public Health Engineering (PHE) Department had already laid the pipelines in these villages to ensure the water supply to these villages, but till now, no any concrete  measure has been undertaken by the concerned district authorities to let the villagers avail the drinking water facility”, he further said.“Our taps are thirsty for water, not to talk of us”, Shabu, another local told News Agency.

Pertinently, in the abovementioned villages, the PHE authorities, only a couple of years back has started to lay down another pipeline to ensure the drinking water facility to the villages, but this laying down of the pipeline is going at the snail’s pace bringing lot of irritation on the faces of thousands of villagers.Furthermore, a filtration plant coming up from the last two years near Government Higher Secondary Educational Institute is still incomplete following the work that is going at snail’s pace. “If the work on the plant is speeded up and is made functional, we would have a breather”, said Mohammad Yousuf of Wani Mohalla.Not only in Safapora, there are many villages in Kangan Tehsil as well without the drinking water supply. Gonchi Mohalla, Checki Akhal and other adjoining villages have the same story to tell as that of the Safapora villages: “Pipelines laid, but no water available”.

Though a tanker deployed by the PHE authorities provides the drinking water supply to these villages, but the dilapidated condition of the approaching road to Gonchi Mohalla and Checki Akhal has been putting a great brake on the tanker to move to these villages. “In winters (as it has already marked its presence), we are the worst-hit sufferers as the tanker couldn’t enter our villages”, said Mohammad Ashraf, a local of Akhal. The villagers of both Safapora have made umpteen numbers of visits to all the concerned officials from Executive Engineer PHE Ganderbal to Superintending Engineer to the office of Chief Minister, but till now, the villagers continue to remain thirsty for water. “We appeal Chief Minister Omar Abdullah to look into the matter so that our problem is mitigated”, the  villagers said.When contacted, Niyaz Ahmad Laway, Executive Engineer PHE Ganderbal admitted before Kashmir Times that there are the problems of non-availability of drinking water in Safapora and Kangan villages.