CAT summons Senior Accounts Officer for false affidavit

Srinagar, Aug 29: The Central Administrative Tribunal (CAT) in Srinagar Thursday directed the Senior Accounts Officer in the Accountant General’s (AG) office to remain present on September 9 to explain his conduct and show cause as to why proceedings should not be initiated against him for filing a “false” affidavit in a case related to the release of pensionary benefits of a 70-year-old retired forest official.

A bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), issued the direction while hearing Aijaz Ahmad Bhat’s plea seeking the court’s intervention for the release of his pensionary benefits.

“Before proceeding further in the matter, we deem it appropriate to issue notice to Inayatullah Wani, Senior Accounts Officer in the office of Accountant General to explain his position and to show cause as to why proceedings as warranted under law should not be initiated against him for filing false affidavit,” the bench said in its order.

The court’s direction came after it noted that the affidavit filed by the officer was out of keeping with the material available and without application of mind.

Taking serious note of what it observed as a “casual and ordinary approach of the Office of Accountant General”, the court underscored that such departmental wrangles cause delays in the disposal of cases, particularly those related to pension cases that deserve to be dealt with expeditiously with a smile and compassion.

The tribunal noted that a series of orders had been passed by it in the case, saying the official superannuated in the year 2012 had not been provided with his pensionary benefits for no fault of his.

It said: “The petitioner was facing trial in an FIR which was closed by the investigating agencies and the proceedings in the FIR were also dropped.”

The tribunal observed that depriving the retired employee of his pensionary benefits for 12 long years was a violation of not only service rules but also human rights.

“Pension and gratuity are no longer any bounty to be distributed by the government to its employees,” the court said.

The counsel for the petitioner (retired official) submitted that the petitioner had been tossed like a ping pong ball despite having “fulfilled all the norms as were required for release of his pensionary benefits”.

“We are at pains that how the petitioner must be making his both ends meet that too at this advanced stage in his life when as on date the petitioner is above seventy years of age,” the bench said.

The court noted that counsel representing the AG’s Office had filed his response wherein it had been categorically averred that the pension sanctioning authority had not forwarded the case of the applicant till date and as such the authorisation of the pension could not be initiated.

“Perusal of the order dated August 31, 2024, reveals that the respondents submitted that the case is pending before the Principal Accountant General, however, which stand is negated by the reply filed by the Accountant General which is supported by a duly sworn affidavit of Inayatullah Wani, Senior Accounts Officer,” the court said.

It said that when Deputy Advocate General (DAG) Raisuddin Ganaie was confronted with the situation, he referred to a communication dated January 17, 2023, addressed by Senior Accounts Officer to the Principal Chief Conservator of Forests and HOFF J&K Forest Department, Kashmir, wherein the Accountant General Office had returned the service book and pension papers of the petitioner following discrepancies which were noticed and needed to be clarified.

The DAG further sought the attention of the court to a communication addressed by the Personnel Officer of the Principal Chief Conservator of Forests to the Accountant General, J&K, Srinagar dated April 1, 2024, by virtue of which clarifications as sought for were forwarded to the Office of Accountant General along with the original service book of the petitioner.

“Prima facie the affidavit filed by the Respondent No 4 is not based on facts and the material available and seems to have been filed without application of mind,” the court said and expressed its dismay.

Meanwhile, the court directed the DAG to inform it by way of a fresh affidavit regarding the status of the case of the petitioner.

The court also asked its Registry to issue notice to Inayatullah Wani, Senior Accounts Officer, Office of Accountant General Srinagar.

It listed the matter for further consideration on September 9.