PDD's TRANSFER INDUSTRY

Dy CM’s family interest fails to pass off as ‘public interest’

PDP’s Ministers refuse to be part of Jammu-based transfer industry; Power Secretary, Law Secretary, MoS Power, Law Minister turn down Nirmal Singh’s transfer list of 274 AEEs

Ahmed Ali Fayyaz
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SRINAGAR, Oct 30: Deputy Chief Minister and Minister of Power Dr Nirmal Singh’s unprecedented proposal of the transfer of 274 Assistant Executive Engineers (AEEs), out of the total strength of 400 in Power Development Department (PDD), has been botched up not only by the Principal Secretary of Power Sandeep Nayak and Law Secretary Ashraf Mir but also by Law Minister Syed Basharat Bukhari and Minister of State for Power Mohammad Ashraf Mir. Both the Ministers from BJP’s coalition partner, PDP, have refused to be part and parcel of the dubious transfer industry, based in Jammu in this particular case.

Completing a four-month-long dubious exercise, which allegedly had characters spread from Jammu University to electric goods dealers in Gumat Chowk of Jammu, Dr Singh prepared a list of 274 AEEs and directed the Power Secretary Nayak on September 16 to issue their transfer orders with the postings shown against each by the Minister himself. Most of the proposed transfers were premature and in flagrant departure of the Government’s transfer policy.

While as 9 senior AEEs were proposed to be attached, all the 40 AEEs were proposed to be repatriated from Jammu and Kashmir State Power Development Corporation (PDC) to the PDD. In turn, 64 AEEs from PDD were proposed to be sent on deputation against 40 vacancies in PDC---excess of 24. In a similar order previously, PDD under Dr Singh’s command had posted even a retired engineer while as two engineers had been posted against one vacancy.

Under note para no: 655 on the file, Dy CM forwarded the entire list, with proposed postings, to Power Secretary with the written direction: “The following transfers and posting of i/c Assistant Executive Engineers is hereby ordered. Premature transfers, if any, and, departure from transfer policy, if any, are also approved in public interest”.

During examination of the proposal, PDD pointed out all the lacunae and flagged that PDC could not be burdened with excessive staff and 17 AEEs could not be deputed against only 7 existing vacancies in the Corporation.

Note para: 663 of a deputy secretary reads: “It may also be mentioned that 9 senior AEEs are desired to await further orders in the offices of Chief Engineers. As is evident, they would be without any work, and in a situation where 37 of their juniors are being given functional postings, it would be very demoralizing for our human resource in general and the affected officers in particular if they are practically attached and kept without work, particularly in circumstances when there is nothing to attribute the misfortune that is to befall them, to any deficiency in their working”.

Nayak returned the file to Dy CM with his observations and urged him to “review” the transfer proposal. He recorded that “Business Rules and the Manual of Secretariat Procedure” had to be followed. This obviously evoked Dy CM’s ire. Vide letter No: PS/HDCM/885/2015 dated 29-09-2015, Nayak was asked to explain his conduct and threatened that the matter of his recalcitrance would be complained to Government of India.

On October 5, Dr Singh again directed Power Secretary to immediately issue the transfer order “in the interest of the administration” and “as has been approved by the undersigned at note para 655-656”. On the same day, under Note para: 673, he responded to the Dy CM with the argument that sending a complaint to the Centre and seeking an explanation from him was “beyond the competence of the authority”.

Power Secretary threatened

Power Secretary Nayak wrote: “It is an attempt to browbeat the undersigned into doing things which are in violation of standing law/rules”. He pointed out that on one hand Dr Singh had slapped an explanation on him but, on the other hand, he had on the same date ordered him to appoint directors in the four PDD-controlled companies.

“The Minister i/c Power (HDyCM) is not the competent authority to decide the issue under the Business Rules and to ask the undersigned to issue orders, as the competent authority to decide the issue is Hon’ble Chief Minister”, wrote the senior IAS officer. He added that Dy CM’s letter dated September 29 “is perceived as a threat to the undersigned and the undersigned is obliged to act only in accordance with the Rules of Business and no threat whatsoever, masquerading in whatever form, can force the undersigned to act in any other manner”.

In the concluding Note para: 675, Nayak recorded for Dy CM on October 5: “The mass scale transfer (note para 655-656) has been framed by Minister i/c Power (HDyCM) himself. No proposal was submitted by the administrative department and mass scale transfers in an essential service department like PDD is not and cannot be in the interest of administration as it has the potential to derail the smooth functioning of the department”. He recorded that Dy CM’s transfer proposal is in violation of the existing transfer policy approved by the Cabinet and notified by GAD vide Government Order No: 861-GAD of 2010 dated 28-10-2010.

In note para: 676, Nayak proposed that administrative department “shall submit a duly considered proposal in accordance with the requirements of the Department and by following the extant transfer policy”.

MoS Power Mohammad Ashraf Mir agreed verbatim. On October 7, he wrote on the file: “Agreed with para 676 there shall not be any departure/deviation from existing transfer policy”. He proposed: “Regarding issue of Business Rules and Manual of Secretariat procedure raised by Administrative Secretary, clarfification from Law department be sought before proceeding further”.

On October 12, Law Secretary Ashraf Mir recorded: “We may advise the department to settle the issue in terms of the policy laid down by the Govt”.

Significantly, after Deputy CM’s threat of resignation to Chief Minister Mufti Mohammad Sayeed, Nayak was unceremoniously removed and posted in Relief and Rehabilitation Department on October 19.

Most importantly, even after Nayak’s transfer, Law Minister Basharat Bukhari gave the final opinion on October 23 and dismissed Dy CM’s transfer proposal list “a random exercise". He observed : “Para 655 of the departmental file suggests/ indicates in the open lines that, (“Premature transfer, if any, and departure from policy (transfer) if any, are also approved in the public interest”), the department is not itself sure whether there are any premature transfers/ deviation of transfer policy in the said list, so how it can be treated or termed as public interest. Hence seems a random exercise”.

Bukhari added: “Department must apply full mind and follow set procedures already notified by the govt from time to time in such matters. Even if there arises a need to affect premature transfers in the interest of administration, the reasons should be recorded for such urgency/ act by the competent authority”.

With that the chapter stands closed.

END

[Published in today's STATE TIMES ]