HC finds PIL against Jindal panel ‘premature’

Earlier,responding to queries put to him by the Bench,as to why the PIL should be entertained when an inquiry commission under the retired judge has been set up by Punjab,Arora,submitted that a perusal of the press note officially issued by the Public Relations department,shows that the conduct of Education Minister Sikander Singh Maluka,who played a pivotal role in these scams,has not been specifically included in the terms of reference of Justice Jindal.

Arora averred that by appointing Justice Jindal for conducting this inquiry,the government has embarrassed the judge,as it consulted the Advocate General,instead of consulting the Chief Justice of the High Court. Arora also submitted while the Jindal commission is just a fact-finding body,the purpose of CBI investigation is to investigate and prosecute the guilty officers and others. Thus,CBI investigation can be ordered despite the appointment of the inquiry commission.

Arora also submitted that scam involving procurement of practical note books has not been referred to in the official press note,nor the rejection of practical note books as published earlier by Sarv Shiksha Abhiyan (SSA) authority,Punjab,for free distribution amongst students,been brought within ambit of the inquiry.

When the Bench asked “why don’t you approach the state government to enlarge the terms of reference of the inquiry commission,” Arora responded that the ruling party leaders are daring the people to “approach the UNO” ,if they are not satisfied by the inquiry by a retired judge. “State government appears to be adamant,as a minister is involved in the matter”,he added.

Arora read out the contents of a note sent by Maluka to Director (Elementary Education),Punjab,setting a three member Committee,comprising Director (Elementary Education),Punjab (Pritpal Kaur Sidhu),Vinod Kumar,DEO (Elementary/Secondary) and Gurtej Singh (Finance and Development Officer in Punjab School Education Board,Mohali).

“The scam has been initiated by the Education Officer himself. Thus CBI investigation is necessary in this case,as the Minister is at the helm of affairs”,Arora contended. He read out an inquiry report of October,2012,wherein a joint secretary of the Board had recorded a finding that Gurtej Singh’s initial appointment,as clerk on compassionate grounds,was fraudulent,and stressed that persons with such credentials were “hand-picked by Maluka” as members of various Committees.

Responding to the oral observations of the Bench that the instant PIL is premature at this stage,as the terms of reference of inquiry by Justice AN Jindal,have not been settled by the government.