Court clips financial powers of 5 SEs for defying orders

Srinagar: The Jammu and Kashmir High Court on Friday took strong exception to “disobedience” of its judgment quashing promotion of five Superintending Engineers in the R&B Department and ordered immediate suspension of financial operation of the departmental funds under their signature till further orders.
“In order to ensure that the judgment of the court is not disobeyed any further, I feel it would be in the interest of justice to direct all the Treasury Officers/incharge financial institutions with whom these (SEs) have any financial dealings as incharge (SEs) not to allow or entertain any financial operations of the departmental funds under the signature of the five officers till further orders,” a bench of Justice Ali Mohammad Magrey said.
The Registrar General, court said, shall fax the copy order to Direct Accounts and Treasuries for its transmission to the concerned Treasury officers or the financial institutions for strict compliance. “The Registrar shall also fax this order to five SEs for their compliance,” the court said.
The bench was hearing a contempt application filed by aggrieved engineers challenging working of the five as incharge SEs despite quashing of their promotion by the court.
The five Superintending Engineers include Bachan Lal (PMGSY-Jammu), Koushal Chand (JKPCC-Kashmir), Abdul Majid Khan (SKUAST-Kashmir), Tashi Chambal (PMGSY-Leh) and ND Khujuria (JKPCC-Jammu)
“Since the placement/promotion as Incharge Superintending Engineers stand quashed by the judgment of this court on 30-12-2013, they cannot function or carry on executing any of the powers attached to the post of SEs,” the court said.
The court termed an order passed by the government on March 4 last, transferring and posting Abdul Majid Khan as incharge SE SKUAST-Kashmir as “glaring indicative of the temerity on the part of the (Commissioner Secretary R&B, Tanveer Jahan) to flout to the tilt the judgment passed by the court.”
“It is also provided that (Jahan) shall also file an affidavit alongwith her statement of facts, giving details of the financial operation conducted by the five SEs since 30-12-2013 till the date of filling of such affidavit.”
The court also directed Jahan to indicate steps by the government from December 30 last for filling up of the posts of SEs on regular basis in accordance with the relevant rules.
The petitioners—Ghulam Jeelani and others—were represented by advocate Altaf Haqani who pleaded that the Commissioner Secretary ‘wilfully and deliberately’ disobeyed the judgment.