Ex-MLA Jain’s appointment as chairman challenged
Friday, 18/01/2013
http://www.tribuneindia.com/2013/20130118/punjab.htm#6
Chandigarh : Congress party’s former legislator from Moga Joginderpal Jain's appointment as the Chairman of the Punjab State Warehousing Corporation, soon after joining the Shiromani Akali Dal, has come under the judicial scanner.
The challenge to his appointment comes at a time when Jain has officially launched his campaign as the SAD candidate for the Moga bypoll. Taking up the petition challenging the appointment, a Division Bench of the Punjab and Haryana High Court today even issued notice of motion to the State of Punjab, its Chief Secretary, the Managing Director of the Central Warehousing Corporation and Jain. The petition was filed in public interest by advocate H.C. Arora seeking quashing of the appointment. The Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain also fixed March 8 as the next date of hearing.
In the public interest litigation, Arora asserted that a person cannot be appointed as Chairman unless he is State Warehousing Corporation Director, in view of the provisions contained in the Warehousing Corporation Act, 1962.
Otherwise also, the intent of the provision is that a person with criminal background cannot be appointed as Chairman or Director of the Corporation, required to be run on sound business principles.
Referring to the affidavits filed by Jain before the Returning Officer for contesting elections from Moga Constituency in January, 2012, Arora asserted the former legislator had stated he was convicted under Section 419 and 471 of the IPC and was sentenced to one-year imprisonment, but was released on probation.
As per the affidavit, charges have been framed by the Court of Additional Chief Judicial Magistrate, Faridkot, on September 28, 2010, against Jain under the provisions of “Punjab Apartment and Property Regulation Act, 1995” pertaining to setting up of an unauthorised colony.
Arora asserted he had sent a notice to the Punjab Chief Minister, the Chief Secretary and the MD of the Central Warehousing Corporation, after learning that a person with controversial antecedents was being appointed. They were called upon not to appoint Jain as the Chairman.
