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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