RAJ KUMAR
Ranchi, March 22: The Jharkhand High Court has directed the State Government to put the secretary of Jharkhand State Housing Board, George Kumar, under suspension and start proceedings against him in accordance with the law.
Apart from this, the court also directed the cabinet vigilance to inquire into the accumulated assets in their name as well as family members, relatives, dependants and friends of the secretary posted in the board since November 15, 2000 till date.
Along with Kumar, the high court also directed to enquire into the accumulated assets of all the
Executive Engineers, who have been posted in the Jharkhand State Housing Board since 15.11.2000 till the year 2008, and if it requires, their accumulated assets can be enquired from the date of their joining in the services till the date.
The order came from the court of Justice K.P.Deo after hearing a petition in which petitioners including Dr. (Smt.) Shashi Lal and Rajendra Ram pointed out failure on the part of the housing board to register property in their name after agreement and the full and final payment in Jamshedpur despite requests and repeated attempts.
The court directed to submit the report with respect to assets of aforesaid officers
within a period of six weeks from March 21 in a sealed cover.The order came after the court observed that the board officials are reluctant to follow the direction of the high court.
“It is unfortunate for the High Court of Jharkhand, Ranchi, where the officers of the State are not complying with the orders passed by this Court. This Court in terms of order dated 25.10.2021 passed in W.P. (C) No. 2099/2008 has asked the Managing Director, Jharkhand State Housing Board to file a detailed supplementary counter-affidavit pursuant to order dated 25.04.2019 and 01.08.2019 passed by this Court regarding steps taken by the Jharkhand State Housing Board for removal of encroachments with respect to Plots / Houses / Flats of the Jharkhand State Housing Board. The detailed statement will be separately filed by way of supplementary counter-affidavit by the Managing Director, Jharkhand State Housing Board with regard to the date of initiation of the proceeding, stage of proceeding, and reasons for not taking proper steps in the removal of the encroached area. Pursuant thereto, an affidavit on behalf of the respondent – Managing Director, Jharkhand State Housing Board has been filed on 27.11.2021 by one George Kumar, son of James Kumar, being the Secretary, Jharkhand State Housing Board without leave of this Court, who is admittedly not the Managing Director, Jharkhand State Housing Board, with certain documents appended in the counter affidavit with regard to cases pending, but not with regard to the query made by this Court as mentioned above,” the court observed.
“This Court in terms of order dated 22.11.2021 has taken note of the aforesaid supplementary counter-affidavit dated 27.11.2021, which reads as follows:-
“It further appears that despite specific direction given by this Court on 25.10.2021, supplementary counter-affidavit filed on behalf of Jharkhand State Housing Board has not been sworn by the Managing Director, Jharkhand State Housing Board.
Under the aforesaid circumstances, learned counsel for the Jharkhand State Housing Board is directed to file a fresh supplementary counter-affidavit duly sworn by Managing Director, Jharkhand State Housing Board explaining the reason for non-compliance of order dated 25.10.2021 in letter and spirit.” Subsequently, the matter was taken up before this Court on 24.11.2021, when learned counsel for the Jharkhand State Housing Board, Mr. Sachin Kumar has submitted that in the present case (W.P. (C) No. 2099/2008 parties have proceeded into the matter and all the formalities regarding execution have been done, but registration has not been done, which shall be done within a period
of 07 days and the matter was directed to be listed in the 2nd Week of December, 2021.
Thereafter, on 01.12.2021, a supplementary counter affidavit has been filed by Mr. Amit Kumar, son of Uma Shankar Prasad, the Managing Director, Jharkhand State Housing Board, annexing the same documents, which have been filed in Supplementary counter-affidavit dated 27.11.2021, again without proper compliance with regard to the date of initiation of the proceeding, stage of proceeding and reason for not taking proper steps in the removal of the encroached area. Thereafter, in terms of order dated 15.12.2021, this Court has directed the Jharkhand State Housing Board to serve a copy of supplementary counter-affidavit dated 27.11.2021, (wherein list with regard to encroachment has been brought on record as Annexure- bSCA/1), upon learned counsel for the State, Mr. Achyut Keshav, G.P.-I, so as to give response of the Principal Secretary, Urban Development, Government of Jharkhand with due approval of the Chief Secretary, Government of Jharkhand as well as the concerned Deputy Commissioners. The State Counsel was also directed to file separate affidavits of the concerned Deputy Commissioners, such as
Deputy Commissioners, Ranchi / Dhanbad / Seraikella – Kharsawan / Palamau and Hazaribag, where the lands of Jharkhand State Housing Board are situated,” the court further observed.
“Thereafter, the matter was again listed before this Court on 04.02.2022, when this Court has granted two weeks’ time to comply the order and bring subsequent development taken in this regard on record, subsequent to the order dated 15.12.2021 by the State of
Jharkhand as well as the Jharkhand State Housing Board. Today, the order dated 25.10.2021 has been placed before the learned counsel for the Jharkhand State Housing Board, Mr. Sachin Kumar and this Court specifically asked Mr. Sachin Kumar, whether
the order dated 25.10.2021 has been complied by the Jharkhand State Housing Board or not ?
In reply, learned counsel for the Jharkhand State Housing Board, Mr. Sachin Kumar has submitted that the date of initiation of proceedings has not been given, but the year of encroachment drive has been given. Learned counsel for the Jharkhand State Housing Board, Mr. Sachin Kumar after perusing the record has further submitted that
with regard to pendency, nothing has been whispered, but encroachment drives are taken in Dhanbad and other Districts. Learned counsel for the Jharkhand State Housing Board has further submitted that Deputy Commissioner, Palamau has informed him that no matter is pending in his district. Considering the same, this Court is displeased with the
conduct of Mr. Amit Kumar, Managing Director, Jharkhand State Housing Board and Mr. George Kumar, Secretary, Jharkhand State Housing Board along with Estate Officers, who have no care for the Government Buildings / property,” the order reads.
“It appears that the Estate Officer and the Secretary, Jharkhand State Housing Board are not properly assisting the Managing Director, Mr. Amit Kumar and thus, initially, Mr. George Kumar, being the Secretary has filed such a supplementary counter-affidavit
without leave of the Court on behalf of the Managing Director. It also appears to this Court that the estate properties are being allowed to be encroached by the Encroachers and the Estate Officer of Jharkhand State Housing Board is not taking any interest as it is
not their personal property. It has been submitted to the Court that these two officers,
Secretary, Mr. George Kumar and Estate Officer are not the permanent employees of Jharkhand State Housing Board, rather they are on deputation from different services.
Under the aforesaid circumstances, this Court has reason to believe that the Managing Director, Jharkhand State Housing Board lacks proper control over the officials continuing since long on deputation and because of such act, Jharkhand State Housing Board has put themselves in such a position, where the judicial orders are
not being complied in pursuant to the orders passed by the Coordinate Bench of this Court on 25.04.2019 and 01.08.2019,” the court observed while passing the order.
“The Principal Secretary, Department of Urban Development, Government of Jharkhand is directed to file an affidavit before this Court in person, what is the rule of deputation in Jharkhand State Housing Board, how many years an officer can be posted on
deputation in Jharkhand State Housing Board in one stretch and in a different stretch, in a total number of years. However, this Court shows displeasure towards the conduct of
the Managing Director, Mr. Amit Kumar and gives him an opportunity with a direction to file details of all the Encroachment Cases with the date of initiation, Court in which it is pending, stage of pendency and expected time for removal of encroachment from properties of Jharkhand State Housing Board,” the court further observes.
