Himachal Government bars officer from buying property at places of posting , After 2yrs of transfer they can
Himachal Pradesh Government decided to bar all the Administration Secretaries, HODs, DC & DM, to buy property during service in their present posting in their jurisdiction however they can purchase after two years gap of transfer or posting from the jurisdiction and stations thus no check exist in new amendment on the Benami transaction for the purpose. Sukhvinder Singh Sukhu government de notified the decision of his Congress predecessor Virbhadra Singh barring all the Administrative Secretaries, HODs, Divisional and Deputy Commissioners to buy property in the area of their jurisdiction however they are free to do so after effecting transfer. ‘A notification issued by the chief secretary Parbodh Saxena stated on February 8, 2023 that all administrative secretaries, Heads of Departments, Divisional Commissioners and Deputy Commissioners couldn’t not purchase of land within the jurisdiction of their posting in their own name or in the name of any of their family members.’ Notification also mentioned that this is old conduct rule for Government servants however to seek permission before purchasing property modified instructions have issued through personnel department’s letter of 15.02.2016. Similarly permission was also granted by the Government to officers in the instructions of dated 12.01.1996 allowing to purchase land. Notification said that after , careful consideration , it has now been decided to rescind the instructions issued vide the letter of even number dated 15.02.2016 and to restore the instructions dated 12.01.1996 , 16.08.1997 and 26.09.2012. Accordingly, no above officers or officials could henceforth purchase land or building or immovable property with the respective jurisdiction of posting in his or her own name or in the name of any of the family members, Further, the officers or officials, who are transferred out, would also not be allowed to purchase land, building, immovable property within the recent jurisdiction and the purchase deed would not be allowed to be registered in his or her name or in the name of his family member(s) within a period of two years from the date of relinquishing the charge of his/her post. The decision was taken to ensure transparency and impeachable public probity but cleaver and dishonest officers could give slip to such notification by indulging under table transaction. Now questions also arise that when this conduct rule was applicable till 1996 why erstwhile Virbhadra Singh Government diluted this. The state government is bound to submit ODI( official of doubtful integrity) list in Himachal Pradesh High court but state some time ignore inclusion of such officers who are booked by investigate agencies in corruption case but avoid including them if they are not framed or included in the charge sheet. The government seems to keep check on the top bureaucracy but there are number of incidence which shows that officers had claimed bonafied right like TD Rights and seeking subsidized scheme. Many Officer have took exemption under section 118 moreover this rule was diluted several times to help them vis-a-vie to common man.