OBSERVING that persons holding statutory posts cannot have best of both worlds, the Punjab and Haryana High Court has expressed concern over a retired IAS officer from Punjab floating a company while holding the post of the chairperson of Punjab State Infrastructure Regulatory Authority in 2012. The former IAS officer, Tejinder Kaur, is currently also heading Punjab State Scheduled Castes Commission.
The division bench of Justices Rakesh Kumar Jain and Anupinder Singh Grewal on Friday, while raising a larger question over conflict of interest, sought a response from Punjab government. The affidavit has to be filed by the principal secretary, personnel, Punjab.
“They are drawing salary from the state exchequer. Does the conflict of interest not come in play? They cannot have best of both worlds,” the bench observed. “It throws a larger question that whether this can be allowed?”. The issue has been taken note of by the court in a petition filed by the retired IAS officer herself. She had approached the High Court against the suspension of her Director Identification Number by the Centre on account of non-submission of financial statements for a continuous period of three years.
The court on January 18, before proceeding to hear the petition, asked Kaur’s counsel to make it understand that how despite being a government servant she had floated the company “Doctor Aapke Ghar Private Ltd”.
Kaur had retired in 2009, but was soon appointed as the chairperson of Punjab State Infrastructure Regulatory Authority for a period of five years. She floated the private company in 2012 “with a share capital of Rs 1,00,000/- divided into 10,000 equity shares of Rs 10/- each”. She had a share holding of 50 per cent.
On Friday, the court was informed by the state that Section 8 of the Punjab Infrastructure (Development and Regulation) Act was applicable in this case. According to sub-section iv of the provision, the state government can remove a person who has “acquired such financial or other interest…”. A senior counsel, representing Kaur, on Friday told the court he has instructions to simply withdraw the case and that he cannot argue any further.
