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Saturday, October 24, 2015

PDP, BJP at loggerheads over PDC chairmanship
 
Dy CM sleeping over 8 reminders from MoS Power, Law Minister, Power Secretary
 
Ahmed Ali Fayyaz & Samaan Lateef
__________
 
SRINAGAR, Oct 23: While sleeping over as many as eight reminders from Law Minister Basharat Bukhari, Minister of State for Power Mohammad Ashraf Mir and Principal Secretary Power Sandeep Nayak, Dy Chief Minister Dr Nirmal Singh has failed to constitute new Board of Directors (BOD) for Jammu and Kashmir State Power Development Corporation as Chief Minister Mufti Mohammad Sayeed has not accepted the proposal of his appointment as Chairman of the State’s most important corporation. A tug-of-war over the prestigious portfolio has been underway between PDP and BJP ever since the coalition government assumed office in March 2015.  

As per a post-1996 tradition, Chief Minister has been functioning as Chairman PDC even if he does not hold the portfolio of Power. Chief Secretary, administrative Secretaries of Power, Finance, Planning besides Managing Director of PDC usually happen to be the Directors on Board, presided over by Chairman. With this development, PDC has been headless and its decision making body, BOD, has been non-existent after the former Chief Minister Omar Abdullah tendered his resignation in January this year.
 
In absence of Chairman and BOD, PDC has failed to hold Annual General Meeting and other key deliberations since June 2014. Under the Companies Act, if the AGM is not held and annual accounts finalised before September 30, the company is liable to one time penalty of Rs one lakh besides fine of Rs 5,000 each day.
 
Latest on September 14, Law Minister Basharat Bukhari has made it clear to the Deputy CM, who is holding portfolio of Minister of Power, to ensure constitution of BOD within September 2015. However, Dy CM did not pay any attention to it. Highly placed bureaucratic sources revealed to STATE TIMES that prior to Bukhari, MoS Power Mohammad Ashraf Mir had also sent a memo of urgency to the Power Minister which failed to evoke any response.
 
Significantly, even Principal Secretary Power Sandeep Nayak sent as many as five reminders to Nirmal Singh, making it clear that in absence of the BOD and Chairman, PDC had become handicapped in taking critical decisions. All the eight official communication, according to sources, are gathering dust in Dy CM’s chamber.
 
With no Chairman and BOD, PDC has failed to take policy decisions on new projects, energy generation, and operation and maintenance of its projects. While the execution of a critical bridge on Baglihar-2 has fallen in limbo, PDC has failed to allot and execute 93 mw New Ganderbal Hydroelectric power project.
 
Contrary to the past practice, Nirmal Singh has staked the claim for the hot seat in PDC. However, Chief Minister Mufti Mohammad Sayeed’s office has not acquiesced into the Power Minister’s proposal.
 
“Several times PDC initiated the process to constitute BOD but it has met a negative response from the Power Minister’s office,” a PDC official said on condition of anonymity. “Power Minister wants to be the Chairman while as Chief Minister’s office is averse to ceding the post to the BJP,” he said.
 
“The detailed project report for New Ganderbal hydropower project was submitted to the Power Minister’s office but due to absence of BOD, the approval is pending,” a source disclosed to STATE TIMES.
 
Similarly, construction work on 850 mw Rattle Hydro Electric Power Project (RHEPP) in Kishtwar has not started in past 14 months after the Hyderabad based company, GVK Development Projects Private Limited, left the project incomplete. PDC has been unable to take a decision whether to construct the project of its own or hand it over to any other company.
 
GVK has refused to resume work citing recurring losses due to insecure atmosphere and continuous protests of local people seeking adequate compensation for land.
 
The decision to approve the Denmark-based company, Danish Hydraulic Institute, to quantify the losses suffered by the State on account of the 1960 Indus Water Treaty (IWT) between India and Pakistan is also pending due to absence of the BoD. As per rough estimates, State Government has suffered Rs 18,000 crore to Rs 20,000 crore losses due to IWT. Omar Abdullah’s NC-Congress government had for the first time floated the idea to quantify the IWT losses in 2009.

As per rules, BOD is bound to meet once in a quarter every year. Government’s non-seriousness towards power development could be gauged from the fact that since June 2014, PDC’s BOD has not met even once. Officials insist that PDC has five power projects in pipeline and all are pending in absence of Chairman and BOD. Even the MD’s post was retained by Power Secretary Nayak on adhoc basis after the re-employed former bureaucrat Meraj Kakroo resigned in the beginning of the new government.
 
Even the Chenab Valley Power Projects have also been hit as two of its board members come from PDC.

To harness 20,000 MW hydropower potential in a sustained manner, the State government had set up PDC on February 16, 1995. It was incorporated to takeover, execute, complete, operate and maintain all power stations and power projects of the State. Presently it has 20 hydroelectric projects with installed capacity of 758.70mw located in various districts of Jammu & Kashmir including 450mw Baglihar Hydroelectric Project.
 
While as one of the Power Minister’s aides said that Dr Singh was busy in a function and he would call back later, MOS Power Ashraf Mir did not respond to the calls from STATE TIMES.
 
END

 

Friday, October 23, 2015


Curfew imposed, exams cancelled, highway closed, train services suspended

Valley boiling over trucker’s killing; Geelani, Malik detained


Ahmed Ali Fayyaz

_______
SRINAGAR, Oct 23: Authorities on Thursday imposed curfew without formal announcement in Srinagar and Anantnag towns, cancelled all the scheduled examinations of the University of Kashmir and Public Service Commission, closed traffic on Srinagar-Jammu highway and suspended all the train services in apprehension of a fresh spell of turbulence over the death of a civilian in an attack in Udhampur on October 9th.

Even as the separatists have not called for a shutdown or mass protest on Friday, Deputy Commissioners of Srinagar and Anantnag imposed curfew in all major townships, albeit without a formal announcement. Sources said no pedestrian or vehicular traffic movement will be allowed in over half of the capital city besides in Anantnag, Bijbehara and other towns around in South Kashmir on Friday.

It was officially announced on Thursday evening that the University of Kashmir and Public Service Commission have cancelled all the examinations scheduled for October 23. Due to undeclared curfew in Anantnag area on Thursday, students and candidates failed to attend KU’s and PSC’s exams. Sources said that no train services would operate in Kashmir valley on Friday and traffic on Srinagar-Jammu national highway would remain suspended. “Restrictions would remain limited to only Srinagar, Anantnag and parts of Kulgam districts. But other areas could be included if any trouble occurred elsewhere”, a senior official told STATE TIMES.

Main reason of clamping curfew is reportedly Hurriyat Conference Chairman Mirwaiz Umar Farooq’s plan of holding a protest sit-in at Jamia Masjid in Nowhatta area of downtown Srinagar. Unusually, Mirwaiz has invited senior separatist leaders, including head of Hurriyat’s radical faction, Syed Ali Shah Geelani, and JKLF Chairman Yasin Malik for the sit-in. Mirwaiz has asserted that the sit-in would be held against the young Kashmiri truck’s killing by fanatics in Udhampur, “repression, State terrorism and interference with religion”.

While Malik had been already taken into custody by the Police at SKIMS Soura on Wednesday, Geelani was lifted from his Hyderpora residence on Thursday and lodged at Police Station Humhama. All other prominent separatist leaders have been placed under house arrest.

DC Srinagar Dr Farooq Lone told STATE TIMES that “restrictions under section 144 Cr PC” would be enforced in areas falling under seven Police Stations of downtown, namely Nowhatta, Maharaja Ranbir Gunj, Safakadal, Rainawari, Khanyar, Kralkhud and Maisuma. DC Anantnag Munir-ul-Islam said that “restrictions” ---euphemism for curfew----would remain in force at the district headquarters and areas around Botengo, residential village of Zahid Rasool Bhat who was attacked by goons in Udhampur with a petrol bomb on October 9th and died in New Delhi’s Safdarjung Hospital on October 19th.

On Thursday too, both Srinagar and Anantnag areas reeled under undeclared curfew and protestors clashed with Police and CRPF at some places. Unconfirmed reports said that late in the evening, when the authorities restored traffic, a group of people resorted to stone pelting on tourist vehicles on Khannabal-Pahalgam Road. At least one vehicle was reportedly damaged. DC Anantnag said: “I have received this information but I am still seeking its confirmation from Police”.

While as traffic on the highway remained suspended till 9.00 pm, no train services operated. Reports from South Kashmir said that unrest over the trucker’s death has spread to usually calm and peaceful areas of Anantnag, particularly on either side of both the roads connecting Anantnag and Pahalgam. Intense stone pelting was witnessed on the last four days not only in Anantnag, Bijbehara, Botengo and Ashajipora but also at Mattan, Akad, Srigufwara, Salar and other villages.

Anantnag-based cleric Qazi Yasir had called for shutdown in the district on Thursday. Hurriyat leader Syed Ali Shah Geelani had planned to visit the slain trucker’s residence. However, authorities placed Concertina wires and blockades, sealed all the roads leading to Botengo and did not allow outsiders to gather for Zahid’s fourth day remembrance ceremony. As two civilians, Naseer Ahmad Dar of Zirpara and Javed Ahmad Sofi of Sethar (Bijbehara) were critically injured during clashes on Wednesday and Thursday, situation grew further tense.

A Police spokesman said in a hand out that Sofi was hit by a stone thrown by miscreants near Chursu, Awantipora. His condition was critical at SKIMS, Soura.

Here in the summer capital, curfew was enforced with similar restrictions by the authorities in Lalchowk, Civil Lines and several other areas mainly to foil the Shia Muslims’ attempts to take out a traditional Zuljanah and Tazia procession on occasion of the 8th of Moharram. Karbala mourners clashed with Police at several places. Police forced their retreat amid slogans as scores of the mourners were taken into custody and detained at different places.

Since 1989, authorities have not allowed 8th Moharram and 10th Moharram (Ashura) processions in Civil Lines, though these gatherings are not disrupted in Zadibal, Hassanabad and other Shia-dominated localities in the Capital.

END
 
Two Hizb militants in Burhan’s video killed in Shopian

 
Ahmed Ali Fayyaz
________

SRINAGAR, Oct 22: Police and security forces on Thursday claimed to have killed in Shopian area of South Kashmir two important militants of Hizbul Mujahideen who had reportedly figured in a video released by the fresh guerrilla icon Burhan Wani of Tral. The video had gone viral in media, particularly the social media.

Officials told STATE TIMES that Special Operations Group of Shopian District Police and troops from a unit of Rashtriya Rifles 62nd battalion swooped down on a neighbourhood, over a tip off, at Manzimpora, not far away from Shopian. The militants hiding in an orchard engaged Police and Army in a fierce gunfight that lasted for over four hours. Two militants got killed. They were later identified as Irshad Ahmad Sheikh of Maldera and Adil Khanday of Barbugh Imam Sahib.

Adil Khanday along with his associates was allegedly involved in killing of three policemen in Amshipora, Shopian on April 6th this year when they were returning to Shopian from an investigation site. A case of attempted murder under FIR No 88/2014 U/S 307 RPC, 7/27 IA Act in Police Station Zainapora was registered against him and other militants in a different matter.

Adil Khanday alongwith Ashiq Hussain Dar, who died in an encounter in February this year, was also involved in attack on Sarpanch namely Shiraz Ahmad Bhat of Sugan Shopian December 1, 2014.  Case FIR No 42/2015 U/S 307 RPC, 7/27 IA Act in Police Station Zainapora was registered against the duo.

Adil Khanday along with two more militants, namely Peer Shahnawaz and Adil Malik, had once taken shelter in a house in Barbugh. On a specific information security forces cordoned the area but they started indiscriminate firing on forces in which one army soldier was killed and the militants managed to escape. He was also involved in case FIR No’s 15/2015 dated 06/04/2015 U/S 302,120C RPC 7/27 IA Act and 03/2015 PP Kakapora U/S 452,307,393 RPC 7/27 IA. Act.

Officials claimed that Irshad Ahmad Sheikh was also involved in several militancy related cases. They described the two militants’ death in the encounter as a major achievement for Police and security forces.

END

Thursday, October 22, 2015


Mufti Govt. brings tainted lot back to prize postings

Facing serious charges of fund embezzlement, creating liability of Rs 13 crore and engaging over 500 people through backdoor, KAS officer appointed Dir Floriculture


 Ahmed Ali Fayyaz
_______

SRINAGAR, Oct 20: Voted to rule on the promise of providing ‘clean administration’, ‘good governance’ and ‘corruption-free administration’, Mufti Mohammad Sayeed’s coalition in Jammu and Kashmir has brought over half of the tainted lot of the officials to their prize postings within months of labelling many of them as ‘deadwood’ and ‘liability’.

More than half of the officers and bureaucrats shifted to new places of posting on Monday are those who had been transferred in one or two reshuffles a few months back. In total disregard to the government’s transfer policy, some of them have been shifted from one to other place more than three and four times in the last one year.

Reinstated back to his favourite position of MD J&K Projects Construction Corporation, Daleep Thusu had been previously removed from the Corporation on charges of issuing allotments on exorbitant rates and alleged embezzlement of funds in the infamous construction of Ganpath Bridge over Chenab in Doda. On March 16 this year, when Thusu was working as Secretary Sports Council, Mufti government removed him without new posting in its first administrative reshuffle.

If well-placed bureaucratic sources are to be believed, Thusu’s name figured among the officials to be declared as “deadwood” and terminated by the PDP-BJP government. However, Minister of Works Syed Altaf Bukhari intervened and his telephonic instruction to Commissioner-Secretary General Administration Department at the eleventh hour rescued Thusu. On October 16, Thusu was yet again appointed as MD JKPCC even as he is facing serious charges in the case investigated by State Vigilance Organisation.

While as Tariq Ali Mir, who had been earlier attached over orders of Minister of Education Naeem Akhtar, managed his return inspite of serious charges (during his tenure as Director School Education Kashmir) had been already brought back to the sheen on August 21, two more of the officers removed unceremoniously were given new postings yesterday.

Dr Ghulam Nabi Qasba, who had been removed as Commissioner Srinagar Municipal Corporation and attached on March 16, was yesterday appointed as State Director of National Livelihood Mission. Talat Parvez Rohella, who had been removed unceremoniously as DC Baramulla and attached on March 16, has been appointed as Director Floriculture Kashmir.

After serving as Director of Tourism for three years and holding the charge of MD J&K Cable Car Corporation, Rohella had been appointed as DC Baramulla by Governor Narendra Nath Vohra’s government on January 27, 2015. On serious charges against him, Mufti’s government removed and attached him on March 16.

General Administration Department served on Rohella memo of charges vide No: GAD(Ser.)KAS/63/99 Dated 8-5-2015. In July, former Chief Secretary Iqbal Khanday managed to stonewall a proposal of Vigilance investigation against Rohella. However, as an eyewash, Government ordered a formal departmental inquiry against him and Chief Secretary, according to sources, got one of his confidantes, namely Commissioner-Secretary Mohammad Ashraf Bukhari, appointed as Inquiry Officer.

Mr Bukhari was appointed as Inquiry Officer to investigate charges against Talat Parvez Rohella vide GAD’s Order No: 1010-GAD of 2015 Dated 24-7-2015. Without regard to the inquiry and without learning why the Inquiry Officer had not submitted his report in the last three months, Government on October 20 appointed Rohella as Director Floriculture Kashmir. “This is just an initiative to get him back. He is tipped to get one of the prize postings in the next reshuffle”, revealed an official source.

Insiders claimed that as a “significant development”, former Chief Secretary Iqbal Khanday recommended Rohella, KAS-1999, for induction into Indian Administrative Service between the day chargesheet was served on him and Bukhari was appointed as Inquiry Officer. Vigilance clearance was not sought for the favourites of the former Chief Secretary though some of them were facing extremely serious charges. Even after the change of Chief Secretary, Rohella managed to get himself appointed as Director Floriculture yesterday.

STATE TIMES is hereunder exclusively producing the full chargesheet served on Talat Parvez Rohella even as the inquiry is still pending with Commissioner-Secretary Agriculture Production Ashraf Bukhari:

Articles of Charge I

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, adjusted various Class-IV officials against the posts of Junior assistants, otherwise falling within the direct recruitment quota, on temporary/stop-gap basis, pending selection of the suitable candidates against these posts through Services Selection Board, to which these posts were referred to for being filled-up in accordance with the rules. These officials were even allowed the charge allowance for their temporary/stop-gap placement against the direct recruitment posts of Junior Assistants. The officer, as such, violated the guidelines regarding streamlining the cadre management of the gazette and Non-gazetted services, issued vide Government Order No. 107-GAD of 2002 dated 16.1.2002, pursuant to approval of the State Cabinet to the report of High Power Committee in the case titled Suraj Prakash Gupta Vs State and others. The officer also acted in breach of Article 87 of J&K CSRs regarding admissibility of the charge allowance and Government instruction below article 85 of the J&K CSRs, providing that while making officiating arrangements, only such officials shall be appointed, who satisfy all the requirements for higher appointment, and that arrangement so put in place should stand the scrutiny of the Departmental Promotion Committee etc. The said act on the part of the officer tantamounts to violation of the Government rules and instructions relating to maintaining the quotas for various sources of appointment and the laid down procedure to be followed while making temporary/stop-gap arrangements and sanctioning payment of charge allowance, with a view to conferring undue benefit upon these officials and causing loss to the state exchequer.


Articles of Charge II

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed M/S Kashmir Art Quest, Srinagar, to establish an Art Gallery in the Tourist Reception Centre, Srinagar presently under construction and yet to be handed over by the Executing Agency to the Tourism department, and also permitted conversion of the Main Hall on the first floor of the said building, without seeking approval of the Administrative Department, moreso when the original architectural plan of the Tourist City Centre did not include any plan for such an Art Gallery. The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions contained in J&K Employees (Conduct) Rules, 1971. The said act of allowing a particular agency to use prime property of the Government without following any norms, on the part of he officer tantamounts to violation of Rule 3 of J&K Employees (Conduct) Rules, 1971.

Articles of Charge III

              Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed establishment of an Art Gallery in the Tourist Reception Centre, Srinagar, to a particular agency, without any ‘Expression of Interest’ and also without entering into an agreement regarding finalization of the modalities in so far as revenue generation model is concerned. On the contrary, the expenses to the tune of Rs. 10.09 lacs for furnishing the said space, by providing furniture (amounting to Rs. 4.91 lacs), IT/Technical Support (amounting to Rs. 4.58 lacs) and Stationery (amounting to Rs. 0.50 lacs), were incurred which were borne by the Directorate of tourism, without the knowledge and approval of the concerned Administrative Department. Moreover, the fee on account of use of electricity was also waived off. The said act, of conferring undue benefit upon a particular agency, on part of the officer, in violation of Rule 2.16 of Chapter IV of J&K Financial Code and procedure for permitting use of government property and waiver of the electricity fee, tantamounts to commission of financial irregularity, misuse of official position and acting beyond the competence.

Articles of Charge IV
                     
               Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, did not adhere to the budgetary ceiling fixed by the Publicity Committee in respect of the Head “Advertisement and Publicity”. Although the expenditure on the date of Administrative Inspection, made by the Committee of officers deputed by the Tourism Department, was 463.48 lacs only, yet the clearance of the under process bills, amounting to Rs. 395.98 lacs, would mean that the liabilities to the tune of Rs. 209.46 lacs have been created over and above the sanctioned budget of Rs. 650.00 lacs. The said act, on the part of the officer amounts to financial indiscipline and violation of the General principles and restrictions relating to the expenditure contained in Rule 2.16 of Chapter IV of the J&K Financial Code and Instruction No. 3.15 of the Book of Financial Powers.


Articles of Charge V

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed alterations/deviations in the original design of the Tourist City Centre, by adding some new items and deviating from the original DPR, without obtaining the administrative approval to undertaking any such work, which activity has amounted to revision in the DPR and creation of liabilities. Some major deviations are:

1. Central Heating
2. Brick cladding
3. Reconstruction of Block-B

The officer, thus acted beyond his competence, as provided in the book of Financial Power. This act on part of the officer tantamounts to misuse of official position and violation of principles laid own in Note below Rule 3.15 of book of Financial Powers.


Articles of Charge VI

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, engaged 482 persons as Need Based Workers, most of whom were engaged by the officer on the recommendations of the political functionaries, moreso when he was not authorized to make such engagements. An expenditure to the tune of Rs. 27.00 lacs, under non-plan, was incurred during the current financial year on this account. A ban was imposed on the engagement of Casual Labourers or the Seasonal Labourers vide SRO-64 Dated the 24th of March, 1994, in which among other things it was envisaged that the competent authority may engage Casual Labourer or Seasonal Labourer in any of the departments to be specified by notification from time to time by the Government. In pursuance of the said rule Government Order No. 239-F of 2005 dated 29.11.2005, 105-PD of 2010 dated 25.10.2010 and 138-F of 2013 dated 29.5.2013 was issued authorizing various departments to engage Casual/Seasonal Labourers on Need Basis. None of these orders mentions Tourism Department as one of the authorized departments, leave aside mentioning about Director, Tourism being delegated the powers in this regard for making such engagements. The act of engaging various Need Based Workers by the officer tantamounts to the violation of SRO-64 Dated the 24th of March, 1994, read with the aforesaid government Orders, and Commission of irregularities amounting to failure on part of the officer in maintaining absolute integrity and exhibiting conduct unbecoming of a public servant.


Articles of Charge VII

                     

              Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, projected additionality of Rs. 1330.00 lacs over and above the Annual Plan 2014-15, allocation whereof was Rs. 2245.75 lacs. The said act on the part of the officer to create work done liability over and above the plan allocation tantamounts to violation of the General principles and rules contained in Chapter 3 of the Book of financial Powers ….”

END

[Published in STATE TIMES]

Wednesday, October 21, 2015

Mufti Govt. brings tainted lot back to prize postings

Facing serious charges of fund embezzlement, creating liability of Rs 13 crore and engaging over 500 people through backdoor, KAS officer appointed Dir Floriculture


 Ahmed Ali Fayyaz

_______

SRINAGAR, Oct 20: Voted to rule on the promise of providing ‘clean administration’, ‘good governance’ and ‘corruption-free administration’, Mufti Mohammad Sayeed’s coalition in Jammu and Kashmir has brought over half of the tainted lot of the officials to their prize postings within months of labelling many of them as ‘deadwood’ and ‘liability’.

More than half of the officers and bureaucrats shifted to new places of posting on Monday are those who had been transferred in one or two reshuffles a few months back. In total disregard to the government’s transfer policy, some of them have been shifted from one to other place more than three and four times in the last one year.

Reinstated back to his favourite position of MD J&K Projects Construction Corporation, Daleep Thusu had been previously removed from the Corporation on charges of issuing allotments on exorbitant rates and alleged embezzlement of funds in the infamous construction of Ganpath Bridge over Chenab in Doda. On March 16 this year, when Thusu was working as Secretary Sports Council, Mufti government removed him without new posting in its first administrative reshuffle.

If well-placed bureaucratic sources are to be believed, Thusu’s name figured among the officials to be declared as “deadwood” and terminated by the PDP-BJP government. However, Minister of Works Syed Altaf Bukhari intervened and his telephonic instruction to Commissioner-Secretary General Administration Department at the eleventh hour rescued Thusu. On October 16, Thusu was yet again appointed as MD JKPCC even as he is facing serious charges in the case investigated by State Vigilance Organisation.

While as Tariq Ali Mir, who had been earlier attached over orders of Minister of Education Naeem Akhtar, managed his return inspite of serious charges (during his tenure as Director School Education Kashmir) had been already brought back to the sheen on August 21, two more of the officers removed unceremoniously were given new postings yesterday.

Dr Ghulam Nabi Qasba, who had been removed as Commissioner Srinagar Municipal Corporation and attached on March 16, was yesterday appointed as State Director of National Livelihood Mission. Talat Parvez Rohella, who had been removed unceremoniously as DC Baramulla and attached on March 16, has been appointed as Director Floriculture Kashmir.

After serving as Director of Tourism for three years and holding the charge of MD J&K Cable Car Corporation, Rohella had been appointed as DC Baramulla by Governor Narendra Nath Vohra’s government on January 27, 2015. On serious charges against him, Mufti’s government removed and attached him on March 16.

General Administration Department served on Rohella memo of charges vide No: GAD(Ser.)KAS/63/99 Dated 8-5-2015. In July, former Chief Secretary Iqbal Khanday managed to stonewall a proposal of Vigilance investigation against Rohella. However, as an eyewash, Government ordered a formal departmental inquiry against him and Chief Secretary, according to sources, got one of his confidantes, namely Commissioner-Secretary Mohammad Ashraf Bukhari, appointed as Inquiry Officer.

Mr Bukhari was appointed as Inquiry Officer to investigate charges against Talat Parvez Rohella vide GAD’s Order No: 1010-GAD of 2015 Dated 24-7-2015. Without regard to the inquiry and without learning why the Inquiry Officer had not submitted his report in the last three months, Government on October 20 appointed Rohella as Director Floriculture Kashmir. “This is just an initiative to get him back. He is tipped to get one of the prize postings in the next reshuffle”, revealed an official source.

Insiders claimed that as a “significant development”, former Chief Secretary Iqbal Khanday recommended Rohella, KAS-1999, for induction into Indian Administrative Service between the day chargesheet was served on him and Bukhari was appointed as Inquiry Officer. Vigilance clearance was not sought for the favourites of the former Chief Secretary though some of them were facing extremely serious charges. Even after the change of Chief Secretary, Rohella managed to get himself appointed as Director Floriculture yesterday.

STATE TIMES is hereunder exclusively producing the full chargesheet served on Talat Parvez Rohella:



Articles of Charge I

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, adjusted various Class-IV officials against the posts of Junior assistants, otherwise falling within the direct recruitment quota, on temporary/stop-gap basis, pending selection of the suitable candidates against these posts through Services Selection Board, to which these posts were referred to for being filled-up in accordance with the rules. These officials were even allowed the charge allowance for their temporary/stop-gap placement against the direct recruitment posts of Junior Assistants. The officer, as such, violated the guidelines regarding streamlining the cadre management of the gazette and Non-gazetted services, issued vide Government Order No. 107-GAD of 2002 dated 16.1.2002, pursuant to approval of the State Cabinet to the report of High Power Committee in the case titled Suraj Prakash Gupta Vs State and others. The officer also acted in breach of Article 87 of J&K CSRs regarding admissibility of the charge allowance and Government instruction below article 85 of the J&K CSRs, providing that while making officiating arrangements, only such officials shall be appointed, who satisfy all the requirements for higher appointment, and that arrangement so put in place should stand the scrutiny of the Departmental Promotion Committee etc. The said act on the part of the officer tantamounts to violation of the Government rules and instructions relating to maintaining the quotas for various sources of appointment and the laid down procedure to be followed while making temporary/stop-gap arrangements and sanctioning payment of charge allowance, with a view to conferring undue benefit upon these officials and causing loss to the state exchequer.



Articles of Charge II

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed M/S Kashmir Art Quest, Srinagar, to establish an Art Gallery in the Tourist Reception Centre, Srinagar presently under construction and yet to be handed over by the Executing Agency to the Tourism department, and also permitted conversion of the Main Hall on the first floor of the said building, without seeking approval of the Administrative Department, moreso when the original architectural plan of the Tourist City Centre did not include any plan for such an Art Gallery. The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions contained in J&K Employees (Conduct) Rules, 1971. The said act of allowing a particular agency to use prime property of the Government without following any norms, on the part of he officer tantamounts to violation of Rule 3 of J&K Employees (Conduct) Rules, 1971.



Articles of Charge III


                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed establishment of an Art Gallery in the Tourist Reception Centre, Srinagar, to a particular agency, without any ‘Expression of Interest’ and also without entering into an agreement regarding finalization of the modalities in so far as revenue generation model is concerned. On the contrary, the expenses to the tune of Rs. 10.09 lacs for furnishing the said space, by providing furniture (amounting to Rs. 4.91 lacs), IT/Technical Support (amounting to Rs. 4.58 lacs) and Stationery (amounting to Rs. 0.50 lacs), were incurred which were borne by the Directorate of tourism, without the knowledge and approval of the concerned Administrative Department. Moreover, the fee on account of use of electricity was also waived off. The said act, of conferring undue benefit upon a particular agency, on part of the officer, in violation of Rule 2.16 of Chapter IV of J&K Financial Code and procedure for permitting use of government property and waiver of the electricity fee, tantamounts to commission of financial irregularity, misuse of official position and acting beyond the competence.



Articles of Charge IV

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, did not adhere to the budgetary ceiling fixed by the Publicity Committee in respect of the Head “Advertisement and Publicity”. Although the expenditure on the date of Administrative Inspection, made by the Committee of officers deputed by the Tourism Department, was 463.48 lacs only, yet the clearance of the under process bills, amounting to Rs. 395.98 lacs, would mean that the liabilities to the tune of Rs. 209.46 lacs have been created over and above the sanctioned budget of Rs. 650.00 lacs. The said act, on the part of the officer amounts to financial indiscipline and violation of the General principles and restrictions relating to the expenditure contained in Rule 2.16 of Chapter IV of the J&K Financial Code and Instruction No. 3.15 of the Book of Financial Powers.



Articles of Charge V

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, allowed alterations/deviations in the original design of the Tourist City Centre, by adding some new items and deviating from the original DPR, without obtaining the administrative approval to undertaking any such work, which activity has amounted to revision in the DPR and creation of liabilities. Some major deviations are:

1. Central Heating
2. Brick cladding
3. Reconstruction of Block-B

The officer, thus acted beyond his competence, as provided in the book of Financial Power. This act on part of the officer tantamounts to misuse of official position and violation of principles laid own in Note below Rule 3.15 of book of Financial Powers.



Articles of Charge VI

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, engaged 482 persons as Need Based Workers, most of whom were engaged by the officer on the recommendations of the political functionaries, moreso when he was not authorized to make such engagements. An expenditure to the tune of Rs. 27.00 lacs, under non-plan, was incurred during the current financial year on this account. A ban was imposed on the engagement of Casual Labourers or the Seasonal Labourers vide SRO-64 Dated the 24th of March, 1994, in which among other things it was envisaged that the competent authority may engage Casual Labourer or Seasonal Labourer in any of the departments to be specified by notification from time to time by the Government. In pursuance of the said rule Government Order No. 239-F of 2005 dated 29.11.2005, 105-PD of 2010 dated 25.10.2010 and 138-F of 2013 dated 29.5.2013 was issued authorizing various departments to engage Casual/Seasonal Labourers on Need Basis. None of these orders mentions Tourism Department as one of the authorized departments, leave aside mentioning about Director, Tourism being delegated the powers in this regard for making such engagements. The act of engaging various Need Based Workers by the officer tantamounts to the violation of SRO-64 Dated the 24th of March, 1994, read with the aforesaid government Orders, and Commission of irregularities amounting to failure on part of the officer in maintaining absolute integrity and exhibiting conduct unbecoming of a public servant.



Articles of Charge VII

                      Mr. Talat Parvez Rohella, KAS, while being posted as Director, Tourism, Kashmir, with effect from May, 2012 to January, 2015, projected additionality of Rs. 1330.00 lacs over and above the Annual Plan 2014-15, allocation whereof was Rs. 2245.75 lacs. The said act on the part of the officer to create work done liability over and above the plan allocation tantamounts to violation of the General principles and rules contained in Chapter 3 of the Book of financial Powers ….”

END

[Published in today's STATE TIMES]

Tuesday, October 20, 2015

Kashmir litterateur returns Sahitya Akademi award


Dr Margoob Banihali: “My protest against Zahid’s killing”
 
Ahmed Ali Fayyaz
_______

SRINAGAR, Oct 19: Eminent Kashmiri litterateur and former Head of Department of Kashmiri Language and Literature at University of Kashmir, Prof Margoob Banihali, on Monday announced to return his Sahitya Akademi award to the Government of India as a mark of protest against the murder of a young truck driver in Udhampur.

Author of 45 books in four languages, 80-year-old Prof Banihali chose STATE TIMES to make his announcement public. “I have decided to return the Sahitya Akademi award to register my protest against the continued repression of the minorities which reached to the extent of the innocent Zahid Rasool Bhat’s brutal murder”, Prof Banihali said.

“I should have in fact returned this award in 2010 when over a hundred Kashmiri Muslims were gunned down in Police action on the streets in Kashmir. Some more compelling incidents happened even thereafter. But, this time around, I was terribly shaken with Zahid’s death after he and two others were attacked with a petrol bomb and virtually burned alive. I contacted a number of other recipients but none of them was receptive to my suggestion. Then I decided to go it alone”, Prof Banihali explained.

He said that he would contact the Sahitya Akademi authorities and return not only the shield plaque of award but also the entire amount of money he had received in 1979. “These days, it is Rs one lakh. But when I was given the award in 1980, it was Rs 25,000 or Rs 50,000”, he said. Prof Baihali has received over a dozen prestigious State and national level awards for his contribution to language and literature.

In 1979, Sahitya Akademi had selected Prof Banihali for its award in Kashmiri category. His first Kashmiri poetry collection ‘Partavistaan’ was adjudged as the best by a jury. In the following 35 years, Prof Banihali published as many as 45 books. Around 30 of his books are in Kashmiri, 5 in Urdu and 10 more in English and Persian.

In addition to ‘Partavistaan’, his publications Tajalistaan, Deedmaan, Charagaan and Khaas Ehsaan also won him remarkable appreciation from critics and academia.

Before serving as a professor and HOD of Kashmiri at University of Kashmir for 11 years, until his retirement, Prof Banihali functioned as faculty in PG department of Persian for 11 years. He also headed the University’s Centre for Central Asian Studies and Iqbal Institute.

Even as Kashmiri journalist-poet Ghulam Nabi Khayal has last week announced to return his Sahitya Akademi award in protest of the Dadri resident Mohammad Akhlaq’s killing by a frenzied group, Prof Banihali is the first among nearly two dozen Kashmiri litterateurs who is returning his Sahitya Akademi award in protest of the Kashmiri truck driver Zahid Rasool Bhat’s killing in Udhampur.

END
Shutdown, undeclared curfew, clashes mark driver’s funeral

Incessant rain spoils anti-coalition demonstrations; PDP under pressure to review alliance with BJP
 
Ahmed Ali Fayyaz
_______

SRINAGAR, Oct 19: With near-total shutdown in Kashmir valley on different political and non-political groups’ and alliances’ call and the authorities enforcing curfew without formal declaration in parts of the summer capital, funeral rites of a young truck driver were held in the backdrop of anti-coalition demonstrations and clashes at Botengo village in Anantnag district of South Kashmir. Victim of a petrol bomb attack at Udhampur, on Srinagar-Jammu highway, on October 9th, Zahid Rasool Bhat died at New Delhi’s Safdarjung Hospital on Sunday.

Senior government functionaries, including Ministers, bureaucrats and Police officers looked relieved to a great extent as the incessant rains for the whole day did not let potential demonstrators gather and create a major trouble for the authorities. Law and order machinery enforced curfew without a formal declaration in downtown Srinagar and sealed all the roads leading to Zahid’s village, Botengo, in close vicinity of Anantnag district headquarters. Thousands of people did, nevertheless, participate in the funeral procession. Zahid was laid to rest amid anti-India, anti-coalition and pro-Azadi slogans.

Officials maintained that around 1,500 people attended Zahid’s funeral. However, independent reports from South Kashmir put the number of the participants over 3,000. “Rain has spoiled our program. Otherwise, it would have been a gathering of 50,000 people here”, said one Ghulam Mohammad Bhat, a resident of Botengo. He alleged that Police and security forces too held the area under siege and did not allow any outside movement towards Botengo.

At Botengo and around a dozen places in the capital city, demonstrators clashed with Police and CRPF. They shouted slogans against the PDP-BJP coalition, called the ruling coalition as a collaborator of RSS, Shiv Sena and other bigot groups and stressed PDP sever alliance with the BJP. Sources insist that pressure was mounting on PDP and Chief Minister Mufti Mohammad Sayeed to break his party’s power partnership with BJP. Significantly, PDP as well as Chief Minister sympathised with the bereaved family and the government granted ex-gratia relief of Rs 5 lakh and a regular job for one of the eligible family members.

Reports said that the call for shutdown had a considerable impact all over the Valley as no passenger services operated and few shops and business establishments were open. Many of the government offices and educational institutions did not open for business and transport was off the road at most of the places. Only skeletal traffic services operated on the tense Srinagar-Jammu national highway.

Authorities suspended even the usual train services on Banihal-Srinagar-Baramulla track.

Senior BJP leader and Minister of Human Resources Development Smriti Irani was supposed to be Chief Guest at Islamic University of Science and Technology at Awantipora. She did not travel to Kashmir as the University’s annual convocation was deferred indefinitely due to inclement weather, shutdown over the trucker’s death and a student group’s letter to Vice Chancellor which made it clear that receiving degrees from a BJP leader and a Sangh Parivar supporter was in no way acceptable to the students.

Reporting of stone pelting and clashes with Police and CRPF also came in from some places in northern Kashmir.

At Narbal, a group of demonstrators attacked the PDP’s Gulmarg MLA Mohammad Abbas Wani’s Bolero when he was on way to his home from Srinagar. Side windscreens of the targeted vehicle cracked though the MLA, escorted by his PSOs, proceeded towards his destination of Tangmarg. Mr Wani said it was a minor attack and his vehicle did not suffer much damage.

SSP Budgam Fayaz Ahmad Lone told STATE TIMES that the MLA drove from Srinagar to Tangmarg without informing Police about his travel plan. “Still our SDPO and Police party were present at Narbal. Some boys tossed a couple of stones and a side windshield of the vehicle cracked. He reached his home safely”, SSP Budgam said.

END

Monday, October 19, 2015

Kashmir turns tense over driver's death in Udhampur attack


Govt to enforce undeclared curfew in downtown Srinagar; separatists, traders, transporters call for shutdown


Ahmed Ali Fayyaz
______

SRINAGAR, Oct 18: Entire Kashmir valley turned tense over the 24-year-old truck driver Zahid Rasool Bhat’s death in Safdarjung Hospital of New Delhi on Sunday, nine days after he alongwith two others sustained serious burn injuries in a petrol bomb attack allegedly by activists and followers of some Hindu right wing groups on the highway in Udhampur.

Immediately after the news of Zahid's death spread through social media, followed by television, authorities swung into action and put in place an exhaustive contingency plan to deal with a possible turbulence. Parts of Anantnag and Kulgam districts observed shutdown without any group's call. Transport on Srinagar-Jammu highway thinned down to a trickle and clashes between the unruly youth groups and Police occurred at around a dozen places.

Zahid's body in a coffin reached by State government’s aircraft from New Delhi at 5.40 pm. Five members of the bereaved family and its relatives carried Zahid’s body to Srinagar and thereafter by ambulance to his village of Botengo in Kulgam area of South Kashmir.

At Srinagar Airport, the coffin was received by PDP President Mehbooba Mufti, Finance Minister Haseeb Drabu, Law Minister Basharat Bukhari and CM's aide Waheed-ur-Reman Parra. National Conference leaders Sakeena Itoo, Nasir Aslam Wani and Bashir Ahmad Veeri were also present at the arrival.

Family sources told STATE TIMES that Zahid's funeral rites would be performed at 9.00 a.m. on Monday.

With condemnations pouring in from all possible quarters, almost all the separatist organisations and alliances, including both factions of Hurriyat Conference and JKLF, besides transporters and traders bodies called for total shutdown on Monday. Individual leaders and organisations came down with tons of flak on the ruling BJP's ideological arm RSS and PDP-BJP coalition.

The PDP-BJP alliance was at the receiving end of fire from almost all the separatist and mainstream opposition parties, civil society groups and thousands of netizens on social media who alleged that the two ruling parties had promoted hatred, mistrust and total divide between the people of the two regions first in 2008 and now in 2015. They invariably alleged that “goons and zealots enjoying BJP's patronage”, which was in power courtesy PDP, had been given a long rope to target and victimise the followers of one particular region and religion.

NC President and former Chief Minister Omar Abdullah held
BJP and its allies “directly responsible” for Zahid's death in allegedly the BJP-RSS  attack of October 9th . He said on Twitter: "The Hon PM passed the buck on to @yadavakhilesh & the UP Govt for #Dadri. Who will he blame for #Zahid's death now???”


“And to think that all the state Govt could do was to throw 10,000 rupees at #Zahid & wash it's hands off the whole thing #BeefMurder". Omar added:  “Another needless death in the name of #BeefBan for which the BJP & its affiliates including allies are directly responsible".

The government was particularly targeted for its "exhibitionism" after the State Information Department circulated a photograph showing Ms Mufti and Mr Drabu getting themselves clicked with Zahid's coffin.

Chief Minister Mufti Mohammad Sayeed came out immediately with his reaction. “I have no words to condemn the dastardly act which consumed the life of a poor and innocent young boy for no fault of his,” he said.

Expressing solidarity with the family members of the deceased, the Chief Minister said under no circumstances shall those guilty of this barbaric crime be allowed to go unpunished.

He said though the loss of life of Zahid in the tragic incident cannot be compensated, he had directed the official machinery to extend all possible help to the bereaved family in its hour of grief.

END