The decision of the State Government to hand over the reins of Uttarakhand Purva Sainik Kalyan Nigam limited (UPNl) to lt.-Gen Gambhir Singh Negi (Rtd) has sparked controversy over the constitutional implications of the appointment as lt General Negi is a former Chairman of the Uttarakhand Public Service Commission. The Constitution of India forbids any person who had held the position of Chairman of Union Public Service Commission or State Public Service Commission from getting employment under any State or Central Government.
A delegation of BJP leaders met the State Governor K K Paul on Wednesday and lodged their strong protest over the appointment of lt General Negi as the Chairman of UPNl. BJP MlA Ganesh Joshi who was part of the delegation told The Pioneer that the appointment of lt General Negi is against the spirit of the Constitution. He said that article 319 clearly forbids such an appointment. The BJP leader said that the BJP delegation requested the Governor to intervene and direct the State Government to immediately cancel the unconstitutional appointment. He claimed that the Governor assured them that he would take appropriate action after seeking legal opinion on the issue. The delegation was also represented by Dehradun Cant MlA Harbans Kapoor, P S Dhyani, Umesh Agarwal, Puneet Mittal and Brigadier P S Gurang.
While BJP leaders are going hammer and tongs on the state government over the appointment, the Agriculture and Soldier welfare Minister Harak Singh Rawat defended the state government’s decision to appoint lt General Negi. He told The Pioneer that the article 319 of constitution forbids chairman of PSC from holding any job under the government and Chairman of UPNl does not falls under this preview. Rawat said that the Vijay Bahuguna government had brought an ordinance to remove the position of Chairman of UPNl from the definition of office of profit. This was challenged unsuccessfully by BJP in Uttarakhand High Court and single bench of Supreme Court. lt General Negi served as the Chairman of Uttarakhand Public Service Commission during the period 2005-2007. He later joined Congress party which eventually rewarded him with the plum position of Chairman of UPNl on Monday.