Face2News/Chandigarh

A significant but interesting issue has been raised by invoking the principles of natural justice wherein a Senior (IAS) officer, under normal circumstances, is never placed/posted under the authority and control (of any sort) to his Junior IAS.

An Advocate at Punjab & Haryana High Court, Hemant Kumar, said that as on date, Anand Mohan Sharan, an IAS of 1990 batch is posted as Additional Chief Secretary (ACS) to Govt Haryana, Industries and Commerce Department. Now under the Business of the Haryana Government (Allocation) Rules, 1974 (as amended till date) and which have been framed by the Governor of Haryana in exercise of powers conferred upon him under Article 166 (2) and (3) of Constitution of India, the subject of Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) falls/figures under the Industries and Commerce Department.

HSIIDC Limited was established in 1967 as a wholly owned company by the State of Haryana. It functions under the aegis of the Department of Industries and Commerce Department, Government of Haryana. In other words, the Administrative Secretary incharge (means of ACS rank or Principal Secretary rank, as the case may be ) of this Department is also the administrative head of the HSIIDC, asserted Hemant.

Pertinent that HSIIDC Limited was established in 1967 as a wholly owned company by the State of Haryana. It functions under the aegis of the Department of Industries and Commerce Department, Government of Haryana. In other words, the Administrative Secretary incharge (means of ACS rank or Principal Secretary rank, as the case may be ) of this Department is also the administrative head of the HSIIDC, asserted Hemant.

However, the irony is that as on date, in the Board of Directors of HSIIDC, Anand Mohan Sharan, ACS, Industries and Commerce Department is only a Director whereas one IAS of 1993 batch i.e. an IAS who is three batch years junior to Sharan viz. V. Umashanker, who is currently posted as Principal Secretary to Chief Minister (PSCM), Haryana is Chairman of Board of Directors of HSIIDC.

Furthermore, even the Head of Department (HoD) i.e. Director General of Industries and Commerce Department, Shekhar Vidyarthi, an IAS of 2004 batch is also a Director in the Board of Directors of HSIIDC like Anand Mohan Sharan, ACS of the ibid Department. In other words, both the Administrative Secretary as well as HoD of Industries and Commerce Department, Haryana are at par with each other as far as their position in the Board of Directors of HSIIDC is concerned.

Pertinent that it has been a convention in the State of Haryana since past several years rather decades that PSCM, Haryana is the (ex-officio) Chairman of HSIIDC although this charge is not explicitly mentioned in the posting Order of PSCM, Haryana as issued by the Personnel Department under the signature of Chief Secretary, Haryana.

Be that as it may, since the incumbent Chairman of Board of Directors of HSIIDC, a wholly owned company of the State Government of Haryana which comes under the administrative control of State's Industries and Commerce Department, is a 1993 batch IAS officer whereas the Administrative Secretary of the ibid Industries and Commerce Department, being a 1990 batch IAS officer is only a Director in the Board of Directors of HSIIDC, hence Hemant has urged the State Government of Haryana that this grave anomaly should be addressed at the earliest.

The Advocate quips that had Hon'ble Chief Minister of Haryana, Shri Manohar Lal or else Chief Secretary, Haryana Shri Sanjeev Kaushal, who is 1986 batch IAS officer or else even if Chief Principal Secretary to Chief Minister, Haryana, Shri DS Dhesi, IAS (Retd) were Chairman of HSIIDC, then it would have been a different case.