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War of words over Khemka’s transfer
Tribune News Service

The contention

Khemka: Wanted to be relieved as Special Collector-cum-Special Land Acquistion Officer (LAO) and not as the Director-General, Consolidation.

Haryana Govt: Director-General, Consolidation of Holdings and Land Records, is a single post. Hence, the officer was transferred out.

Chandigarh, October 17
A fresh war of words has erupted between the Haryana Government and whistleblower-IAS officer Ashok Khemka over the October-1 order of the Punjab and Haryana High Court.

While the state government claimed the transfer was ordered “in compliance with the directions issued on October 1, 2012 of the HC”, Khemka claimed the government was trying to “mix” the issues.

Khemka had reportedly moved court saying he should be relieved from the post of Special Collector-cum-Special Land Acquistion Officer (LAO), which the government claimed is “traditionally” held by the Director-General, Consolidation.

Earlier, the officer had written to the state Chief Secretary requesting his shifting from one of the posts he was holding, as junior officers could “overturn” his decisions.

He wanted to be relieved as Special Collector and not as the Director-General, Consolidation.

He asserted that he was holding the charges of the Director-General, Consolidation of Land Holdings and Land Records-cum-Inspector General, Registration, besides the Special Collector and the Special LAO.

He claimed that he had approached the court as both posts of Special LAO and Special Collector were for junior-rank officers.

On his petition, the HC observed: “Let the government take a decision as early as possible to either give charge to some officer who can competently exercise the powers of a Special Collector or to appoint somebody on the post not as in any officiating or temporary capacity.”

The directions came in a surplus land case filed by Jaibhagwan against the Haryana Financial Commissioner and other respondents. Initially, 110 kanals belonging to a big landlord was declared surplus. But the figure was reduced to 20 kanals after the landlord took advantage of two sale deeds.

The surplus land was then allotted to the petitioner, but the allocation ran into a legal tangle. After several rounds of litigation, the matter was placed before the Special Collector, who happened to be Khemka’s predecessor. Khemka’s presence in the case was secured through bailable warrants after a compliance report was not submitted to the High Court.

As the case came up for hearing on October 1, Khemka, appeared before the Bench in pursuance to the bailable warrants issued to him. State counsel then placed before the Bench an affidavit ‘to explain the difficulty for which the matter could not be decided by the respondent-special collector’.

The Bench was told Khemka was holding the rank of Commissioner and Secretary to the Government of Haryana, with additional charge of the Special Collector.

Taking note of the assertion, Justice Ranjit Singh had asserted: “This explanation seems reasonable” before asking the government to take a decision at the earliest.

According to the Haryana Government, the post of Director-General, Consolidation of Holdings and Land Records, is a single post. “The same officer uses the designation of Director-General, Consolidation of Holdings while discharging consolidation and settlement functions, and uses the designation of Director-General, Land Records, while discharging land records administration functions,” said a government spokesperson. Hence, Khemka was transferred out on October 11, 10 days after the court order.

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