C Shivakumar
Chennai:
Nearly 25 cases relating to
seniority and promotions are pending in the Madras High Court as Chennai
Metropolitan Development Authority (CMDA) is violating the government orders
and Court directions in appointment and promotion.
Interestingly, the irregularities in
appointment and promotion has been going on despite audit reports of CMDA
bringing it to light every year. It is alleged that CMDA is making appointments
and promotions by amending the draft rules, which is yet to be approved by the
government.
And what is surprising is that the
posts are filled without the approval of the government besides officials relax
the experience and qualification in the draft rules to fill the post.
Interestingly, this had forced the then state finance secretary in 2010 to hit
out at CMDA asking them to take prior approval while relaxing the experience
and qualification in the service rules.
“When the validity of the draft rule
is questionable, how come the authority to suit their personal interest promote
or appoint someone,” questioned a CMDA source. “Since the draft rules are yet
to be approved, all the posts should get the green light from the government.
Even the High Court in its judgement has observed,” said the CMDA source.
Interestingly, then Madras High
Court judge P Sathasivam, who is now the Chief Justice of India, has stated “so
long as the word ‘prior approval of the government’ is found in Section 124 (1)
of the Tamil Nadu Town and Country Planning Act, the CMDA making its own
amendment and not getting approval from the government does not make any
regulation valid.”
Surprisingly, this has been observed
by the CMDA’s Audit reports every year but officials have turned a blind eye
towards it.
What is more the recent audit
report, which was released in the state assembly recently has now highlighted
irregularities in the appointment of the post of Chief planner. The report
states that as per the draft service regulations under section 5, the
government is the panel approving and appointing authority for the post in the
level of chief planner. “But in practice, the panel for the chief planner is
prepared by the Administrative and Finance Committee and got approved by the
authority.”
“Despite audit objection raised in
this regard, the promotion to the post was continued to be made after getting
the approval of the authority,” the audit report observed. Interestingly, after
the observation, CMDA is getting the approval of government in appointing chief
planners but the non technical members are still appointed without the approval
of government, casting aspersions on the whole appointment.
The issue has resulted in court
battles as well as non-government organizations taking up cudgels against CMDA.
Many outfits like Citizens Care Foundation and Forum for Practising Qualified
Post Graduate Town Planners in Tamil Nadu have even sent representation to
seeking disciplinary action against administrative officers in CMDA for
allegedly “initiating various actions by suppressing or misinterpreting or
hiding the provisions in CMDA rules, TN government rules, government and court
orders and favouring unqualified and underqualified technical persons in CMDA
for personal gains.”
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