GULMARG LAND SCAM

Extension of Baseer challenged in PIL

04/07/2019

JAMMU, JULY 3: In the much publicized Public Interest Litigation titled Sheikh Mohd. Shafi & Anr V/s Union of India & Ors, the co-petitioner Prof. S.K. Bhalla has filed a fresh application in the State High Court (Jammu Wing) seeking quashment/rescinding of order No.26014/1/2019-AIS-II dated June, 30, 2019 whereby Department of Personnel and Trainings Govt. of India accorded approval to the extension in service of Baseer Ahmed Khan (IAS) Divisional Commissioner Kashmir for a period of one year beyond the date of his superannuation as a special case.
In the application it has been stated that Baseer Ahmed Khan (IAS) alongwith the then Divisional Commissioner Kashmir Mehboob Iqbal (IAS) was booked by State Vigilance Organization in case FIR No.08/2009 P/S VOK (infamous Gulmarg land scam) alongwith 19 other accused comprising middle rung revenue officials and top hoteliers of Kashmir. It is further stated in the application that on August, 28, 2012, a Division Bench of the State High Court had directed the SVO to produce challan against Mehboob Iqbal (IAS) then Divisional Commissioner Kashmir in Gulmarg land scam who by then had retired from service within two weeks and with regard to Baseer Ahmed Khan the then Deputy Commissioner Baramulla the Division Bench had directed the State Government to forward his papers for prosecution sanction to the Union Government within a period of two weeks.
In the application it is further stated that vide No.107/26/ 2012-AVDJ dated August, 21, 2013 the DoPT, Govt. of India accorded prosecution sanction against Baseer Ahmed Khan in case FIR No.08/2009 (Gulmarg land scam) on the proposal sent by J&K Govt.
It is further stated that after the receipt of the prosecution sanction the SVO presented Supplementary Challan against Baseer Ahmed Khan on September, 23, 2013 in the Court of 1st Additional Sessions Judge, Baramulla and the same was clubbed with the earlier challan presented against Mehboob Iqbal and 19 other accused.
In the application it is further stated that Baseer Ahmed Khan was to superannuate from All India Service on June, 30, 2019 but the Chief Secretary J&K flashed D.O. letter No.GAD(Ser) IAS/20/2001 dated June, 12, 2019 recommending extension in service of incumbent Divisional Commissioner Baseer Ahmed Khan and the Central Government accorded approval to the said recommendation for a period of one year over looking the fact that Baseer Ahmed Khan is facing serious corruption allegations in Gulmarg land scam and the matter sub-judice before the trial court at Baramulla.
It is further stated that extension order was issued by Central Govt. in flagrant violation of the Judgment dated March, 4, 2013 passed by the Division Bench of the J&K High Court in PIL titled Sheikh Mohammad Shafi & Anr V/s Union of India & Ors wherein the Division Bench had directed the State Government to relieve Baseer Ahmed Khan from the coveted post of Deputy Commissioner Srinagar in view of his facing corruption allegations in Gulmarg land scam i.e. FIR No.08/2009. Against the said Judgment the J&K Government had preferred SLP in the Supreme Court which was dismissed as withdrawn and later Baseer Ahmed Khan was transferred from the post of Deputy Commissioner Srinagar.
It is further stated in the application that the Central Government ignored the directions of the Apex Court in case titled Centre for Public Interest Litigation & Anr V/s Union of India & Ors wherein the Apex Court had directed the UP Government to transfer its Chief Secretary in view of her facing corruption allegations in order to instill peoples' confidence in rule of law and good governance.
The petitioners have also referred a Judgment passed by the Division Bench on December, 11, 2014 in CMA No.135/2014 in PIL titled Sheikh Mohammad Shafi & Anr V/s Union of India & Ors wherein the Division Bench had directed the State Government to pass appropriate orders regarding the removal of then Chairman J&K Board of School Education who had been appointed vide SRO 452 dated 22-10-2014 despite pendency of departmental enquiries against him.
In the application the petitioners have quoted that the Division Bench then headed by Chief Justice M.M. Kumar (since retired) had ruled, "A Public Servant who is to hold such sensitive position must be above the needle of suspicion, like Caesar's wife" and finally the petitioners have sought the quashment of the order dated June, 30, 2019 whereby one year extension was given in favour of Baseer Ahmed Khan.JNF

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