In a major setback to the State Government, Himachal Pradesh High Court on Thursday asked the State to complete the exercise of shifting of 43 officers with doubtful integrity to non-sensitive posts or spell out the reasons for not doing so in any of the case.
A division bench comprising Justice Kuldeep Singh and Justice Dharam Chand Chaudhary were hearing a writ petition filed by one Sher Singh. The Court had on November 18 asked to shift the tainted officials from sensitive posts to non-sensitive posts.
On December 2, Additional Chief Secretary had filed another affidavit seeking modification of the High Court order saying that it is always the effort of the Government to avoid posting of such officers with doubtful integrity in sensitive posts.
The modification application of the additional chief secretary further said that, since the posts available in Government do not always have non-sensitive posts in all cadres and hence, it may become unavoidable to post some officers in posts, which cannot strictly be termed as non-sensitive. This decision has been taken by the respective departments with the prior approval of the competent authority in each such case.
After hearing the application, court said that it emerges from the stand of the State that it is always the effort of the Government to avoid posting of officers of doubtful integrity on sensitive posts, but since the posts available in Government do not always have non-sensitive posts in all cadres and hence, it may become unavoidable to post some officers in posts which cannot strictly be termed as non-sensitive.
“In the letter of additional chief secretary dated November 25, a direction has been given to all the administrative secretaries of the State Government to make efforts continually that such officers, if posted on sensitive posts, are removed from such posts at the earliest opportunity,” said the division bench.
The court further said that in the light of the stand taken by the state itself for shifting officers of doubtful integrity from sensitive posts at the earliest opportunity, there should be no hindrance for the State to shift officers of doubtful integrity as early as possible.
“If for doing so, some exercise is to be done by the State for identifying the posts where 43 officers of doubtful integrity are to be shifted then after doing necessary exercise, the said 43 officers of doubtful integrity already identified by the State be shifted from sensitive posts to non-sensitive posts,” said the court in its order.
The bench further added that in case, still some officers of doubtful integrity due to unavoidable reasons could not be shifted then the State should spell out such reasons and the exercise should be done in three weeks and the chief secretary should file a compliance report before December 27.