In the much publicized Public Interest Litigation (PIL)titled Sheikh Mohd. Shafi and Anr V/s Union of India & Ors highlighting corruption in Union Territory of Jammu and Kashmir wherein the petitioners in July, 2019 filed application (CM No.4955/2019) seeking quashment of orderNo.26014/1/2019-AIS-II dated June, 30, 2019 whereby Ministry of Personnel,Public Grievances and Pensions, Department of Personnel and Training, Govt. of India accorded approval to the extension in service of Baseer Ahmed Khan (IAS)for a period of one year as a special case beyond the date of his superannuation.

A Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar on July, 12, 2019 after hearing Advocate Sheikh Shakeel Ahmed for the petitioners had issued notices to theDoPT, GOI and Chief Secretary J&K, Commissioner/Secretary General Administration Department requiring them to file their response to theapplication seeking quashment of Baseer Ahmed Khan’s extension in service. Th Division Bench on the said date had also impleaded Baseer Ahmed Khan as party respondent in the PIL and Senior Advocate R.K. Gupta with Advocate Uday Bhaskarhad caused appearance on his behalf and had sought time to respond to the petition. ASGI Vishal Sharma had accepted notice on behalf of DoPT GOI in theopen court.

Advocate S.S. Ahmed had highlighted a Judgment dated March,4, 2013 passed by the Division Bench of the State High Court then headed b yChief Justice M.M. Kumar (since retired) whereby the Division Bench haddirected the State of J&K to shift/ relieve Baseer Ahmed Khan (IAS) then Deputy Commissioner Srinagar in view of his facing serious charges of corruptionin case FIR No.08/2009 P/S VOK (infamous Gulmarg Land Scam). The Division Bench in its authoritative pronouncement had ruled that, ‘a person who has beenfacing serious charges of corruption could not be permitted to remain posted inthe capital city and at capital city a person with clean image should have been posted.’ The said order of the Division Bench was also upheld by the Apex Courtas the State of J&K withdrew the SLP and later shifted Baseer Ahmed Khan from the coveted post of Deputy Commissioner, Srinagar.

In a significant development pursuant to the notice issuedby the Division Bench of the State High Court, the Department of Personnel andTraining, Govt. of India through its Under Secretary Sandeep Kumar Sinha has filed an affidavit in the instant PIL wherein it is averred that the Chief Secretary, Govt. of J&K vide D.O. letter No.GAD(Ser)IAS/20/201 dated June,12, 2019 submitted a proposal for granting extension in service to Baseer Ahmed Khan Divisional Commissioner, Government of J&K for a period of one yearbeyond June, 30, 2019 by relaxing in the provisions of All India Services(Death-cum-Retirement Benefit) Rules 1958 as a special case. The D.O. letterfurther pointed out that since June, 2018, the Governor’s Administration hasbeen striving hard to provide its citizens a clean, transparent and accountableadministration. However, the State is confronted with a severe shortage ofofficers at senior levels. Against a sanctioned strength of 137 posts in IAScadre of the State, only 68 officers are in position in the State with 13officers on central deputation. This shortage is adversely impactingimplementation of various initiatives/programmes and service delivery.

The affidavit filed by DoPT further states that Baseer AhmedKhan has the rare distinction of having served as Deputy Commissioner (DistrictCollector) of seven districts viz. Budgam, Pulwama, Anantnag, Baramulla,Udhampur, Srinagar and Kishtwar and the said officer has played a splendid rolein conduct of Municipal and Panchayat Elections-2018 and Lok SabhaElections-2019. The affidavit further says that the competent authorityapproved extension in service to Baseer Ahmed Khan (IAS) for a further periodof one year beyond June, 30, 2019 as a special case, in public interest,without it being quoted as a precedent case in future.

Needless to mention herein Baseer Ahmed Khan (IAS) the thenDeputy Commissioner Baramulla had been booked in a corruption case alongwithMehboob Iqbal (IAS) the then Divisional Commissioner, Kashmir alongwith severalmiddle rung officers and top hoteliers of Kashmir Valley by Police Station,Vigilance Organization Kashmir in FIR No.08/2009 (infamous Gulmarg Land Scam)and on September, 25, 2012 the SVO had produced challan in the aforesaid casein the Court of Special Judge (Anti-Corruption) Kashmir, Srinagar againstMehboob Iqbal (IAS) and 19 other accused except Baseer Ahmed Khan as hisprosecution sanction was awaited from DoPT, Govt. of India and videNo.107/26/2012-AVDJ dated August, 21, 2013 the DoPT Govt. of India accordedprosecution sanction against Baseer Ahmed Khan under Section 6 of J&KPrevention of Corruption Act in aforementioned FIR No.08/2009 on the proposalsent by J&K Government based upon the directions passed by the Hon’bleDivision Bench vide its order dated August, 28, 2012 in PIL titled Sheikh Mohd.Shafi & Anr V/s Union of India & Ors and subsequently a supplementarychallan was also presented against Baseer Ahmed Khan in Gulmarg land scam case.The trial is pending in the Court of 1st Additional District and Sessions JudgeBaramulla where the proceedings are reportedly fixed for arguments on framingof charges/discharge on February, 29, 2020.