Jammu, Apr 10: J&K Home Department Monday penalised former Enforcement Officer Lakes And Waterways Development Authority (LAWDA, now LCMA) by “reducing his rank” post-retirement from in-charge Deputy Superintendent of Police (DySP) to a lower post i.e. Inspector in J&K Police for “willful abuse of official duties by allowing illegal constructions in violation of Master Plan and the High Court orders.”
LAWDA is now the Lake Conservation and Management Authority (LCMA).
The penalty on the retired JKP officer Shah Sikander was imposed “in terms of Rule 30 (iv) read with Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956” with effect from July 20, 2012 i.e., the date he was placed as in-charge Deputy Superintendent of Police.
As per an order issued by Financial Commissioner (Additional Chief Secretary) Home Raj Kumar Goyal, the FIRs 48/2015, 52/2015, 53/2015 and 54/2015 were registered in Police Station Vigilance Office, Kashmir (VoK), Srinagar, against Shah Sikander, the then in-charge DySP (now retired), by the Vigilance Organization, Kashmir (now ACB) under Sections 5(1) (e) and 5(2) of Prevention of Corruption Act and Section 120-B of RPC.
He was arrested on March 14, 2017 and remained in Police custody for more than 48 hours.
Shah Sikander, the then in-charge DySP, vide Government Order No.391-Home of 2017 dated April 12, 2017, was placed under suspension, in terms of Rule 31(2) of Jammu & Kashmir Civil Service (Classification, Control & Appeal) Rules, 1956, w.e.f. March 14, 2017, i.e. from the date of his arrest in the case FIR 53/2015.
An Article of Charges, vide Memorandum bearing No Home/PB-1/144/2015/2549 dated June 21, 2017, was served upon him for submitting a written statement of defence within a period of 21 days.
The Article of charges mentioned that during “the posting of Shah Sikander Khan as Enforcement Office in LAWDA from February 3, 2014 to May 1, 2015, various illegal constructions were raised without permission in violation of Master Plan, permissions issued and the orders of the High Court.”
“In respect of the acts of omission or commission by Shah Sikander Khan as the then Enforcement Officer LAWDA, case FIR No. 48/2015 P/S VOK, case FIR No. 52/2015 P/S VOK, and case FIR No. 53/2015 P/S VOK were registered in these cases. There were allegations of specific instances of willful abuse of official duties thereby allowing raising of illegal constructions. The investigations were underway in case FIR No. 48/2015 while the investigation of the case FIR No. 52/2015 and 53/2015 were closed as proved,” it was stated in the order.
It was mentioned that there were allegations of possessing assets disproportionate to his known sources of income, and having indulged in corrupt practices during his posting as Enforcement Officer in LAWDA. In this connection a case FIR No 54/2015 P/S VOK was also registered.
“This conduct on the part of the officer, is unbecoming of a government employee and it tantamount to gross indiscipline and violation of service rules for which, he is liable for action as warranted under the provisions of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 and other provisions of the Jammu and Kashmir Civil Services Regulations,” the Appeal of Charges mentioned.
The delinquent officer, vide communication dated September 25, 2017, submitted his response in which he refuted all the charges.
“The response submitted by Shah Sikander was, upon examination, found unsatisfactory and accordingly, it was decided that the charges were required to be inquired thoroughly. Accordingly, in terms of Government Order No. 09-Home of 2018 dated January 4, 2018, an inquiry officer was appointed to inquire into the charges served upon the officer,” Goyal mentioned in the order.
The inquiry officer submitted his report to Home Department vide communication No.CBK/CS/Enq/2018/19436 dated November 15, 2018. In the report, the inquiry officer established that there was violation of building permission norms and instances of illegal construction around Dal lake during the posting of Shah Sikander, the then in-charge DySP (now retired) in Lakes & Waterways Development Authority (now LCMA), and which was specifically the charge against him.
The inquiry report submitted by the inquiry officer after having been examined was placed before the competent authority for consideration.
Goyal said that the competent authority decided to impose the penalty of “Reduction in rank” for violating J&K Government Employees (Conduct) Rules, 1971.
However, before imposing penalty upon Shah Sikander, a notice dated February 20, 2022, in terms of Rule 34 of the J&K Civil Service (Classification, Control and Appeal) Rules, 1956, was served upon him to show cause, within a period of 15 days, as to why a penalty of “Reduction in rank” should not be imposed upon him.
He submitted his response to the notice served to him. His response was examined in the Home Department and was placed before the competent authority for taking a decision on imposing penalty or otherwise.
The competent authority, after considering the response of the officer, did not find any cogent reason to change his decision on imposing the decided penalty against Shah Sikander. Accordingly, the competent authority being satisfied with the inquiry conducted by the Inquiry Officer and the procedure followed in this case, arrived at a decision of imposing a penalty of “Reduction in rank”, for violating J&K Government Employees (Conduct) Rules, 1971,
“Therefore, in terms of Rule 30(iv) read with Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, the penalty of reduction to a lower post i.e. from in-charge DySP to the post of Inspector in the J&K Police is hereby imposed on Shah Sikander, the then in-charge DySP (now retired) with effect from July 20, 2012 i.e., the date he was placed as in-charge Deputy Superintendent of Police,” Goyal ordered.