DIMAPUR, AUGUST 9 : The PIL filed by Against Corruption and Unabated Taxation (ACAUT) against the government of Nagaland at Guwahati High Court Kohima Bench (P.I.L No. 11 (K) 2015) regarding irregular and illegal appointments to various departments received a green signal with Justice Suman Shyam in an order (dated August 5, 2016) stating that the PIL petitioner would be at liberty to approach the court by filing appropriate petition in the event if any violation of the clauses contained in the notification (dated June 6, 2016.)
This order by the Gauhati i High Court Kohima Bench was made available to media persons on Tuesday August 9 by the ACAUT members and their counsel’s P.Leonard Aier and K.Lun Tungnung at the residence of Dimapur Chamber of Commerce and Industries (DDCI) President Hokivi Chishi.
On June 6, the state government (Personnel & Administrative Reforms Department) in an office memorandum (OM) has said that all ad-hoc/casual/temporary/work-charged appointments have been banned. Faced by allegations of backdoor and unauthorised appointments in various departments, the Office Memorandum, issued by Secretary to the Government of Nagaland, Angau I. Thou I.A.S said that over the years, the pre-conditions for making appointments on contract basis were not adhered to in most cases, resulting in irregularities in such appointments and their extensions.
In response to the PIL filed by ACAUT, the order passed by the Gauhati High Court, Kohima Bench states that ‘the court hopes and expects that henceforth, the Government of Nagaland would scrupulously adhere to the criteria laid down by notification dated June 6, 2016 in the matter of appointment made in public offices’.
ACAUT convener Joel Nillo Kath disclosing the order of the Court to media persons remarked that the ban on all contract basis appointments is in toto and regularisation is illegal. “All those appointed on contractual basis will not be regularised” confirmed Joel.
The genesis being the appointment on contractual basis, the government has taken cognizance of the ban and the order passed is a victory for thousands of educated unemployed said advocate K.Lun Thungnung representing ACAUT. He also affirmed that they will continue to keep tab on the government and if they stumble on any violation, ACAUT will not hesitate to go to a higher court and that we have come to a point where we have legal sanctity to check contractual appointments. Thungnung also maintained that the PIL filed on 2015 had more than 20 hearings before the final order passed on August 5, 2016.
ACAUT Advisor KK Sema IAS (retired) asserted that while the judgment may have come as a reprieve, ACAUT will not rest the matter here and as per the Office Memorandum, the government will be liable for prosecution if they do not follow as per the Office Memo. Sema said, “We intend to get the facts and figures. We will collect all the information that is required.”
P. Leonard Aier stated that ACAUT’s stand on corruption has been vindicated. According to Aier, there are several instances on record of the state government issuing notifications banning appointments, but defying the norms. The notifications date as far back as 1976, 1994, 1996, 2001 and the latest being the one issued in June 6, 2016. While remarking that the ball is in the court of the state government, Aier emphasised the importance of the 2016 notification, Aier said that the latest one (June 6, 2016) has legal binding to it. KK Sema to this commented that such notifications have been issued rampantly over the years in Nagaland, which rarely end up being implemented.
ACAUT member, Dr. Khekuga Muru stated that the government should respect its own decision as well as the court judgment. ACAUT will be seriously watching whether the notification merely becomes a piece of paper or gets implemented and if not the officers in charge will be liable for contempt of court added Dr.Muru.
The ACAUT further reminded that there have been instances of backdoor appointments even as the PIL was heard in court. Maintaining that the ACAUT wants all backdoor/illegal appointments terminated, the ACAUT have appealed to all professional unions to study the judgment carefully and understand the significance of the judgment.
KK Sema IAS (retired) on Tuesday questioned the state chief minister T.R.Zeliang’s silence over the fuel adulteration scandal. Sema reiterating over the whole fuel adulteration scandal expressed doubt over the CM’s silence which he stated to be ‘uncalled for’ while the CM as the head of the state government and as the Minister in-charge of the department that handles subsidized kerosene for public distribution is morally bound to answer to his people.
While expressing that Nagaland is given an opportunity to witness how an opposition-less government functions, Sema expressed profound distress on the ‘infamous 15 minutes monsoon session’ where the government should be discussing on the state’s issues. He maintained that this ‘infamous session’ was mainly to be in power by the so-called opposition-less government and all the violation of rules comes from the people in power.
