Contests CTA’s
stand over competence of ADC
RAJOURI, MAY 19: District
Administration Rajouri has taken strong exception to the stand
of College Teachers Association(CTA) on the competence of ADC to take
cognizance of college teachers found on unauthorised absence.
In a
statement, the spokesperson of the district administration termed a statement
of CTA as unwarranted, unlawful and devoid of
merits terming it as undue trade-unionism to cover unauthorised
absenteeism, and an uncalled for interference in established Single Line
Administration.
“The
College Teachers Association in its press note had termed that Additional
Deputy Commissioner is not competent to take cognizance of college teachers
found on unauthorised absence, on the false ground of pay scales a point which
is far from reality and establishes legal procedure as well as Government
orders in this regard as well as inherent powers of the officers” the
spokesperson said.
The District
Administration termed the stand of CTA as ‘unlawful and contrary to the laid
down rule position, adding that such unionism will not hamper the executive
action.’
“The Single
Line Administration established under the Govt Order No 2380-GD of 1976 Dated
14.10.1976, 2973-GD of 1976 Dated 28.12.1976wherein in powers of Major Heads of
Departments have been vested in the District Development Commissioner and the
day to day functional and administrative control of all departments vests in
him. The Scheme was further strengthened vide Govt Order No 741-GAD of 1993
Dated 03.09.1993 and disciplinary / administrative powers including that of
suspension of officers of Grade-I vests in the DDC, irrespective of any pay
scales as claimed by CTA. There is no exception or immunity to the
staff of the Govt Degree Colleges” the statement said.
It further cited
that High Court of J&K has upheld the powers of District Development
Commissioner to suspend and take disciplinary action against even senior
officers recruited through state PSC acting as appointing authority under
single line administration. The matter has been settled in SWP No 423 of 2007.
The power of Major HoD and administrative department for such matters vested in
DDC upheld by highest court in state is a settled law. The SHRC observation
cited by CTA has no effect or binding on the executive authorities, the statement
reads .
“The arbitrary
and unfound claim of the CTA regarding pay scales can be seen as an imaginary
castle in the air by bare reading of the J&K Warrant of Precedence which is
the basic document defining the hierarchy of officers. As per the Govt order
dated 16.07.2001 pursuant to the Cabinet Decision No 110/10 Dated 4th July 2001
Addl Deputy Commissioners (Addl Secretaries) are placed above many HoDs, all
District Officers and other officers including principals of the Degree
Colleges. Its wrongful and wilful ignorance on part of CTA to have turned blind
eye to established executive powers before jumping in support of officials
found on unauthorised absence” the spokesperson of district administration
claimed.
Supporting its
claims further, the statement said that Chief Minister’s
secretariat vide No HCM/AS/2016-17/154-77 Dated 14.07.2016 communicated the
minutes of meeting chaired by Hon’ble Chief Minister where detailed scheme for
strong vigilance against absenteeism has been laid down and importantly
Administrative Secretaries have been asked to endorse the decisions taken by
the DDCs in this regard. “The scheme of Single Line Administration has been
strongly endorsed in the communication for enforcing discipline in Government
offices” it added.
“Additional
Deputy Commissioner in his inherent capacity, or capacity as District Vigilance
Officer or deputed by DDC is well within his powers to inspect attendance in
any Govt Degree College. He is vested with powers of District Magistrate under
RPC”the district administration asserted further.
Meanwhile, it said that the explanation of 6 officials found on
unauthorised absence has been sought and in case of failure to furnish same
further action as necessitated under the Rule 31 of the Jammu & Kashmir
Civil Service (Classification, Control and Appeal) Rules, 1956 shall be
initiated.
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