New Delhi:
The Haryana government claims that IAS officer Ashok Khemka had himself asked to be moved out of the land transfers department.
Here is the full statement by the Haryana government:
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TRANSFER ISSUE (PART-I)1. Shri Ashok Khemka's recent transfer has been carried out in compliance of the directions dated 1st October, 2012 of the Hon'ble Punjab & Haryana High Court (Copy attached). The matter regarding considering request of Shri Khemka to relieve him of the charge of Special Collector which is traditionally held by Director Consolidation came up during hearing of CWP No.5460/2009 before the Hon'ble High Court. The High Court ordered on 01.10.2012 that 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. It is expected from the Government not to further pend the issue and take decision at the earliest. Since the charge of Special Collector has been traditionally held by the Director Consolidation the State Government ordered transfer of Shri Khemka to ensure that the work of the department is not hampered. There are no other grounds of transfer of Shri Khemka.
2. Shri Ashok Khemka an IAS Officer of Haryana Cadre posted as Director Consolidation and Special Collector was transferred on 11th Oct., 2012 from this post and posted as Managing Director Haryana Seeds Development Corporation. He has tried to link this transfer to certain actions that he has taken on subsequent dates without any basis. As a matter of fact, as far back as 1st August, 2012, he had written to the Chief Secretary requesting for withdrawing one of the charges held by him on the ground that his orders are appealable to officers junior to him. Shri Khemka wrote to the Chief Secretary again on 12.10.2012 protesting against his transfer wherein he never mentioned that the reason for his transfer was attributable to the matter relating to the cancellation of mutation ordered by him. The orders regarding alleged undervaluation of property were issued on 12.10.2012 and cancellation of mutation was ordered on 15.10.2012 both after his transfer on 11.10.2012. The transfer of Shri Khemka was neither out of any malice nor done abruptly but arose out of the above mentioned administrative exigency (Annexure-I orders dated 01.10.2012 of Hon'ble High Court).
OTHER ISSUES (PART-II)1. Tehsildar being Tehsildar-cum-Consolidation Officer-(copy of notification is attached) has powers to register documents in the capacity as sub-registrar. No separate permission from Consolidation Officer is required as Tehsildar himself being the Consolidation Officer. Allegations have been made regarding the jurisdiction issue of the sale deed. It is hereby clarified that the Tehsildars have been conferred with the powers of Consolidation Officers across the State of Haryana vide notification No. 3062-A.R.S.-1-07/505 dated 11.01.2008. Hence, Tehsildar, the registering authority, is himself the Consolidation Officer and hence no separate permission is required in this case. This co-terminus power was given to Tehsildars across the State with an intention to avoid any hardship to buyer & seller. On the date of registration of document that is 18.09.2012 Tehsildar-cum-Sub-Registrar, Manesar was having powers of Consolidation Officer under Government of Haryana notification dated 11.01.2008.
2. On the point of sanctioning of the mutation by the Assistant Consolidation Officer, it has been the practice across the State and the Assistant Consolidation Officers have been sanctioning the mutation after due verification of the records. The Assistant Consolidation Officer as per the land settlement manual is authorized to sanction all the pending mutations as per the records before preparing the scheme of consolidation and update it accordingly. Assistant Consolidation Officer Gurgaon, over the period of almost 15 months after the issue of notification u/s 14(1) has sanctioned about 150 mutations in the village Shikhopur alongwith this mutation.
3. Director General, Consolidation has issued orders u/s 42 of land Consolidation Act, 1948 which is judicial process and thus has to act according to the provisions of the Act and should have issued notices to the concerned parties and a chance of presenting their case individually or through counsel and then adjudicate the matter and pass the final speaking orders. This process has not been followed. This is clear cut violation of the provisions of the Act and principles of natural justice. Without giving an opportunity of being heard the mater cannot be adjudicated as has been done in this case.
4. Regarding allegation of undervaluation of property registered, a detailed report was obtained from Tehsildar-cum-Registrar, Manesar through Deputy Commissioner, Gurgaon of property registered between M/s Sky Light Hospitality Pvt. Ltd. and M/s DLF Universal and as per the report the sale deed no.4928 dated 12.02.2008 and subsequent transfer of the land vide sale deed no.1435 dated 18.09.2012 were way higher than the collector rates. Hence, no loss to revenue of the State has been caused by these sale deeds.
5. The preliminary facts brought to the notice of the State Government by the District Revenue Authority at Gurgaon point out that prima-facie the factual position is different from the stand taken by Shri Khemka. The State Government has nonetheless ordered an inquiry into all the issues raised by Shri Khemka. The Inquiry Committee will be headed by Additional Chief Secretary and will have two other senior members of the State Government. The inquiry has been ordered to be completed within a period of one month. The Inquiry Committee will look into legality of actions taken by officials concerned, including acts of omissions and commission, if any (Annexure-II Govt. notification dated 11.01.2008). "