Tuesday, October 16, 2012

Khemka's transfer in compliance of directions of High Court: Govt

 by Haryananewswire
CHANDIGARH, OCT 16
The Haryana Government has clarified that the recent transfer of IAS officer Mr Ashok Khemka has been carried out in compliance of the directions of the  Punjab and Haryana High Court dated October 1,2012. .
     Stating this here today, a spokesman of the State Government said that the matter regarding considering request of Mr Khemka to relieve him of the charge of Special Collector, which is traditionally held by Director Consolidation, came up during hearing of CWP No.5460/2009 before the High Court. The High Court ordered on October 1,2012 that a decision as early as possible to either give charge to some officer, who can competently exercise the powers of a Special Collector or to appoint somebody on the post not as in any officiating or temporary capacity. It is expected from the Government not to further pend the issue and take decision at the earliest. Since the charge of Special Collector has been traditionally held by the Director Consolidation, the State Government ordered transfer of Mr Khemka to ensure that the work of the department is not hampered. There are no other grounds of transfer of Mr Khemka. 
 Mr Ashok Khemka an IAS Officer of Haryana Cadre  posted as Director Consolidation and Special Collector was    transferred on October 11, 2012 from this post and posted as Managing Director Haryana Seeds Development Corporation.  He has tried to link this transfer to certain actions that he has taken on subsequent dates without any basis.  As a matter of fact, as far back as  August 1, 2012, he had written to the Chief  Secretary  requesting for withdrawing one of the charges held by him on the ground that his orders are appealable to officers junior to him. Mr Khemka wrote to the Chief Secretary again on October 12,2012 protesting against his transfer wherein he never mentioned that the reason for his transfer was attributable to the matter relating to the cancellation of mutation ordered by him. The orders regarding alleged undervaluation of property were issued on October 12,2012 and cancellation of mutation was ordered on October 15,2012 both after his transfer on October 11,2012. The transfer of Mr Khemka was neither out of any malice nor done abruptly but arose out of the above mentioned administrative exigency (Annexure-I orders dated October 1,2012 of  High Court).
         While referring to other issues concerning Mr Khemka, he said that Tehsildar being Tehsildar-cum-Consolidation Officer-(copy of notification is attached) has powers to register documents in the capacity as sub-registrar.  No separate permission from Consolidation Officer is required as Tehsildar himself being the Consolidation Officer. Allegations have been made regarding the jurisdiction issue of the sale deed. It is hereby clarified that the Tehsildars have been conferred with the powers of Consolidation Officers across the State of Haryana vide notification No. 3062-A.R.S.-1-07/505 dated January 11,2008. Hence, Tehsildar, the registering authority, is himself the Consolidation Officer and hence no separate permission is required in this case.  This co-terminus power was given to Tehsildars across the State with an intention to avoid any hardship to buyer and seller.  On the date of registration of document that is September 18,2012  Tehsildar-cum-Sub-Registrar, Manesar was having powers of Consolidation Officer under Government of Haryana notification dated January 11,2008.  
On the point of sanctioning of the mutation by the Assistant Consolidation Officer, it has been the practice across the State and the Assistant Consolidation Officers have been sanctioning the mutation after due verification of the records.The Assistant Consolidation Officer as per the land settlement manual is authorized to sanction all the pending mutations as per the records before preparing the scheme of consolidation and update it accordingly.  Assistant Consolidation Officer Gurgaon, over the period of almost 15 months after the issue of notification u/s 14(1) has sanctioned about 150 mutations in the village Shikhopur alongwith this mutation.
 Director General, Consolidation has issued orders under section 42 of land Consolidation Act, 1948 which is judicial process and thus has to act according to the provisions of the Act and should have issued notices to the concerned parties and a chance of presenting their case individually or through counsel and then adjudicate the matter and pass the final speaking orders.  This process has not been followed. This is clear cut violation of the provisions of the Act and principles of natural justice. Without giving an opportunity of being heard the mater cannot be adjudicated as has been done in this case. 
  Regarding allegation of undervaluation of property registered, a detailed report was obtained from Tehsildar-cum-Registrar, Manesar through Deputy Commissioner, Gurgaon of property registered between M/s Sky Light Hospitality Pvt. Ltd. and M/s DLF Universal and as per the report the sale deed no.4928 dated February 12,2008 and subsequent transfer of the land vide sale deed No.1435 dated September 18,2012 were way higher than the collector rates. Hence, no loss to revenue of the State has been caused by these sale deeds. 
He said that the preliminary facts brought to the notice of the State Government by the District Revenue Authority at Gurgaon point out that prima-facie the factual position is different from the stand taken by Mr Khemka. The State Government has nonetheless ordered an inquiry into all the issues raised by Mr Khemka. The Inquiry Committee will be headed by Additional Chief Secretary and will have two other senior members of the State Government. The inquiry has been ordered to be completed within a period of one month. The Inquiry Committee will look into legality of actions taken by officials concerned, including acts of omissions and commission, if any. (Annexure-II Govt. notification dated January 11,2008).

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