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FRIDAY, APRIL 2, 2021 (PAGE 6) DAILY EXCELSIOR, JAMMU From page 1 Take necessary steps for vacation of stay, LG approves release of 50 pc CAT quashes draft redrawn seniority HC reserves judgment status quo orders: Govt to Revenue officers budget on 1st day of FY list of senior KAS officers on Farooq's plea interests and the constitutional under Article 226 or 136 should Development Plans and District Finance Department. All appointed a committee vide of 5 years, reckoned from July, Association (JKCA). 120-B is the relevant scheduled courts should weigh public inter- not, as a matter of course, deal a Development Plans are expected Government transactions will be order dated 24.09.2010", the 2005. Before such review could The Division Bench of Chief offence for petitioner are without ests vis-a-vis private interests lethal blow to the entire pro- to be ready in the month of May. made through electronic mode CAT said. take place, the 2008 Rules came Justice and Justice V V Koul jurisdiction and violate the peti- while exercising its discretion. ceedings based on the theoreti- This will be for the first time in the without involving any cash trans- The Tribunal further said that into service". reserved its orders after hearing tioner’s right under Article 21. “When huge chunk of land is cal or hypothetical grievance of history of J&K that Panchayats actions in the Government or the tentative seniority notified vide "The second is that the record the counsel for the parties. It is further argued that ED’s acquired, acquisition proceed- the petitioner”, the Supreme shall be fully involved in the for- other offices which are directly or Government Order No. 485-GAD is totally silent as to whether any The trial of the case pertaining failure to adhere to the procedural ings on the behest of owners of Court has mentioned in another mulation of plans. Suitable train- indirectly controlled by the of 2010 dated 21.04.2010 has been feeder services were allocated the to issuance of ED notice to peti- safeguards under section 5 of the small pieces of land forming judgment, adding “it would be ing of district officials shall be Government excepting for few drawn in terms of the provisions of vacancies of time scale of KAS, in tioner Dr Farooq Abdullah is PMLA, while provisionally part thereof should not be dis- sound exercise of discretion to undertaken by the Government in small denominations,'' the KAS Rules, 2008 which is incor- any particular year; and that the pending before the designated attaching the properties and turbed especially when the intervene when a real and sub- this regard to enable them to pre- Finance Department order said. rect. officers of the concerned depart- court and amongst the others restricting the petitioner’s liberty, award has already been stantial grievance is made out, pare the plans in a time bound The Finance Department "The seniority of an officer ments were denied the promo- Abdullah as also Ahsan Mirza (the has violated his fundamental right passed”, the J&K High Court the non-redressal of which manner in accordance with the felt has directed the Treasury appointed under the KAS Rules, tion", the Tribunal said, adding ""it then treasurer of JKCA) have been under Article 21 of the constitu- has mentioned in the judgment would cause prejudice and needs of people. A system of com- Officers concerned to ensure 1979 has to be determined in terms is only the DPC, which can deter- reflected as accused in the charge tion. in Balvir Singh case. injustice to the aggrieved plete physical verification is being that releases are made by the of the provisions of Rule 16 of mine the eligibility of the officers sheet filed by CBI. "ED failed to disclose its rea- In Ramniklal N Bhutta and party”. institutionalized including third Drawing and Disbursing these rules and not under Rule 18 with reference to the vacancies of Dr Abdullah in his plea has son that ‘proceeds of crime’ Another Versus State of Now, the Government has party verification for high value Officers (DDOs) through of the KAS Rules, 2008; Junior any particular year, and not any- challenged the action of ED amounting to Rs 15 crores are Maharashtra and Others, the drawn the attention of revenue projects. BEAMS. They will also be per- Scale KAS officers cannot be one else. Therefore, Rule 15(4) of attaching his properties, on the available with the petitioner and Supreme Court has held: officers dealing with land acquisi- Meanwhile, the sonally liable for making any given appointment in KAS from a the 2008 Rules cannot be sus- ground that Prevention of Money has replicated allegations in the “Whatever may have been the tion matters towards all these and Government has authorized 50 payment not authorized and date prior to the date when they tained in law, both on account of Laundering Act (PMLA) under CBI charge-sheet and termed it as practices in the past, a time has other relevant judgments of Apex percent of funds under Revenue accepted on BEAMS applica- had not acquired eligibility for its lacking in factual or legal basis, which his properties have been ‘reason to believe’ and has failed come where the courts should Court and High Court of J&K for budget except in 12 cases where tion. The Departments have such appointment in terms of the and its being opposed to the very attached evidently deals with the to appreciate that the proceedings keep the larger public interest in taking necessary steps for vacating funds will be released on case to also been asked to ensure that provisions of KAS rules as were in concept of fixation of seniority". attachment and confiscation of under the PMLA are independent mind while exercising their power the stay and status-quo orders case bases including LTC, pur- expenditure out of allotted vogue at the relevant point of "Once a final seniority list is properties and therefore falls with- from the scheduled offence, which of granting stay/injuction”. granted in acquisition matters. chase of vehicles, furniture, funds are made in stipulated time", CAT said, adding "modifi- published, the Government in the subject relating to the trans- has been made evident in the “The power under Article 226 “They should cite the ratio works, interest, power pur- timeframe within the quarter(s) cation of the provisions of KAS becomes functus officio for all fer and acquisition of property as explanations to section 2 and sec- is discretionary and it should be laid down in these judgments chase, cost price of food grains, for which the funds have been Rules by inserting an explanation practical purposes. The aggrieved well as relating to Civil Procedure. tion 44 PMLA”, read the plea. exercised only in furtherance of while making submissions refund, snow clearance, sus- released. through a Government order to parties have to approach the Court Farooq's counsel stated that in Dr Abdullah in his plea before interests of justice and not merely before the courts for vacation of pense debit, UT share under "Ban on engagement of casual facilitate the promotion of Junior or Tribunal for redressal of their absence of the scheduled offence the High Court refused that he was on the making out of a legal point. interim orders so that the devel- Revenue component and and need based workers and daily Scale KAS officers of 2004 batch, grievance. The respondents did the ED had no authority to attach involved or beneficiary of the And in the matter of land acquisi- opmental projects of public and Disaster Response Fund. wagers will remain in force,'' the cannot have an overriding effect not refer to any provisions of law his ancestral properties under the transactions reproduced by the ED tion for public purposes, the inter- national importance are taken An order to this effect was order said. on the basic rule. The said expla- for undertaking the review of the PMLA. “It is settled law that the and added that there is no money ests of justice and the public inter- to their logical completion in a issued today by Financial It added that advance drawl of nation was totally uncalled for". final seniority list dated existence of a scheduled offence in trial to show that any of these ‘pro- est coalesce”, the Apex Court has time bound manner”, the Commissioner (Finance) Dr Arun funds in respect of grant-in-aid to CAT further observed, "the 24.06.2011", the CAT said, adding ‘sine quo non’ or an essential pre- ceeds of crime’ amounting to Rs further held. Principal Secretary to Kumar Mehta. autonomous bodies/PSUs/Boards basis for preparation of tentative "there is no jurisdiction or even requisite for the triggering of pro- 45 crores were ever transferred to “Even assuming that there is Government Revenue He directed the Controlling etc will be simultaneously seniority list dated 21.04.2010 as justification, for the Government ceedings under the PMLA”, he him and despite the absence of some ambiguity in particulariz- Department and Secretary to Officers to immediately release processed with the fund release well as the redrawn seniority list to appoint a Committee to review stated. material the ED arbitrarily con- ing the public purpose and the Government, Department of funds to the line departments proposals by the Department con- dated 05.08.2020 is the 2008 the final seniority list, much less to He added that the proceedings cluded that Rs 15 crores are pro- possibility of doubt cannot be Law and Justice have men- within a period of one week from taining details of available bank Rules, and in particular Rule 15 publish the revised seniority list initiated by the ED qua the peti- ceeds of crime available with the ruled out, the constitutional tioned in the directions issued to the date of authorization of funds balances, status of holding Board (4) thereof.