After having exhausted all means in making the state government and the State Vigilance Commission take cognisance of the rampant malpractice, crime and illegality in the domain of public administration, Against Corruption and Unabated Taxation (ACAUT) has filed a Public Interest Litigation (PIL) Monday in the Gauhati High Court, Kohima bench, which could perhaps, make it the biggest civil action in the history of Nagaland.
ACAUT has filed the PIL that involved ( as respondents) ten departments- Rural Development, Health and Family Welfare, Social Welfare, Home department, Nagaland Public Service Commission, Vigilance Commission, AG and SCERT, Higher Education and NPWD.
A copy of the petition made available to Nagaland Post, pointed out, that owing to the silence of the state government, the crime(corruption) continues to be committed, abetted, perpetuated and aggravated without any sign of abatement or restrain.
The petitioners (ACAUT) said that since there was no alternative, it had decided to file the PIL by way of a writ petition in the court. ACAUT said this was to vindicate public interest and to mete out justice by ensuring “equality of opportunity in matters of public employment” enshrined as fundamental right in Article 16 of the constitution of India.
Meanwhile interacting with Nagaland Post in the High Court premises , Kohima ACAUT co-convener Joel Nillo Naga said the PIL was not filed by any individual but in the larger interest of ensuring rule of law and accountability since much collateral damage was caused to society.
PIL filed through four pro bono advocates
Four lawyers would be taking up the case through Pro-Bono (without payment). The lawyers are -Advocate Longshi Ezung, principal city law college P. Leonard Aier, advocate K. Lun Tungnung and convener legal cell, advocate Kezhokoto Savi.
Joel said the PIL was only the beginning and that it would be filing more PILs on corruption, misuse of developmental funds, supplies, contracts etc done large scale through table tender that were awarded to the kith and kin of persons in power.
ACAUT for CBI probe
Some of the points ACAUT highlighted in the PIL included-
Its prayer to the Court to order CBI to investigate the widespread of corruption in public employment in the state, with specific reference to the mode, procedure or means adopted, by which thousands of posts in the various government departments were filled up till date, in the aftermath of the enforcement of the Nagaland Retirement from Public Employment (2nd amendment) Act 2009. ACAUT also urged the court to direct the CBI to submit the inquiry report to the court within a fixed timeframe. ACAUT has also sought the High Court’s direction to order CBI inquiry on officers, officials, politicians, including the appointees, who were involved in the conspiracy and collusion to perpetrate such widespread malpractices and corruption in public employment in the state.
ACAUT also prayed that the Court direct CBI to investigate their assets, if disproportionate beyond the known sources of incomes and pecuniary benefits accumulated and received by them.
Further ACAUT urged the Court to strike down the government of Nagaland Memo No: AR-5/ASSO/98 dated August 4, 2008 as it was contrary to the constitutional scheme of public employment and judicial pronouncements.
In the PIL, ACAUT said that out of a total of 1316 appointments made as per RTI replies, a massive 1153 or 88% comprised of appointments made in total contravention of laws, rules, orders, procedures etc enacted for governing public employment within the ambit of the constitution.
Further, it cited media reports on November 5,2015 over the shocking backdoor appointments of 3930 in the police department under the Home department as per RTI replies for the period 2010-15. In its prayer ACAUT also prayed that the High Court direct the state chief secretary to get all the documents on backdoor appointment which ACAUT could not cover through RTI and produce the detailed information to the Court.
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