Srinagar: Jammu and Kashmir High Court has asked government to come up with a clear stand as to whether the appointment of Prof N K Resutra as chairman of Board of School Education(BOSE) was warranted given ‘serious’ charges of corruption against him.
“Before taking a final view in the matter, it shall be appropriate and in the interests of justice to grant one more opportunity to the respondents. In case (they) fail to submit the reply on the next date of hearing (on November 24), Secretary to Government School Education Department shall appear in person. He shall also bring the record long with,” a bench of Justice Ali Mohammad Magrey said while hearing a petition filed by Prof Zahoor Ahmad Chat—the incumbent ‘Nodal’ Principal Amar Singh College here, challenging the appointment.
On November 14, the bench said, the court registered the contentions as well as facts that the officer is faced with the serious charges and had asked the government to come with their clear stand and produce records.
“However, respondents have remained silent and are only interested in seeking further time ignoring the seriousness of the matter with reference to the allegations and the charges (Rasutra) is faced with. (They) should of their own come with the clear stand as to whether the appointment notified in terms of SRO 452 (22 October, 2014) in favor of (him) is warranted in the facts and circumstances of the case.”
The observations and direction by the court followed submissions by Chat’s counsel, advocate M A Makhdoomi that despite opportunities, government has failed to file reply as well produce the records for perusal of the Court.
He questioned the appointment of Rasutra on the ground that his client has been ignored despite search Committee’s recommendation.
“(Rasutra) is facing departmental enquiry on account embezzlement of funds on account of repairs and purchases in Degrce College, Rajouri,” he said and also invited court’s attention to a report submitted by the Vigilance Organization to Secretary GAD on April 02, asking Government to initiate regular departmental inquiry against him for payment of excessive rate In purchase and installation of Wi-Fi system.
Makhdooml also invited court’s attention to the May 20 instructions issued by to Higher Education Department calling for initiation of regular departmental action against him.
Makhdoomi also placed on record complaint of one Arif Hussain Malik of Jammu against Rasutra, alleging that he had given an amount of Rs 30.000 in the capacity of Principle GGM Science College Jammu for allotment of some works.
“Even against the posts borne on state cadre in terms of creation made under the recruitment rules, officer is required to have clear antecedents and integrity,” Makdoomi said.
He also referred to the norms making appointments or promotions subject to the clearance from the Vigilance Organization regarding integrity of the officer.
“In the present case, the Government has violated all such norms in vogue and have appointed (Rasutra), knowing well that he is facing serious charges of embezzlement and excessive drawls.”
The state government was represented in the case by senior Additional Advocate General S A Naik.