The Hindu : JBIC-aided water scheme: appointment of special officer challenged

Online edition of India's National Newspaper
Friday, Feb 20, 2004

Kerala

Kerala

JBIC-aided water scheme: appointment of special officer challenged

By G. Mahadevan

THIRUVANANTHAPURAM, FEB. 19. The appointment of the former Technical Member of the Kerala Water Authority (KWA), K. Lokesan Nair, as `Special Officer' for the multi-crore Japan Bank for International Cooperation (JBIC)-aided drinking water scheme being implemented in the State has been challenged in the High Court by a retired Chief Engineer of the Authority, M. Radhakrishnan.

The petition has asked for an interim stay and subsequent quashing of the appointment.

Mr. Lokesan , who retired as the Technical Member on January 31, was appointed Special Officer by the KWA resolution No. 6567 dated January 30.

The Managing Director (MD) of the KWA, T. R. Indira, had written to the Government on January 8, seeking an extension in service for Mr. Lokesan. The Government, through its letter dated January 29, had expressed its inability to grant the request. However, the letter had also stated, "... considering the time-bound nature of the JBIC project, the Kerala Water Authority may engage him on contract basis for one year in any suitable capacity for utilising his experience in the JBIC project."

The petition points out that Section 8 of the Kerala Water Supply and Sewerage Act stipulates that the KWA must obtain prior Government sanction for creating a post above the rank of executive engineer. It contends that the KWA misconstrued the words `suitable capacity' in the Government's letter to mean `Special Officer'. The petition also argues that the KWA has no power to make appointments on contract basis.

The nature of the duties and responsibilities assigned to the Special Officer has also been questioned in the petition. The petition points out that the KWA already has a designated JBIC wing led by one Chief Engineer and consisting of one Deputy Chief Engineer, five Executive Engineers and 10 Assistant Executive Engineers. This wing reports to the Technical Member of the KWA, who is in charge of the JBIC project. Following Mr. Lokesan's retirement, the former Chief Engineer (Central region), P. C. Vijayakumar, has taken over as Technical Member, the petition says. It also points out that many senior officials who have been involved with the JBIC scheme have retired without getting any extension of service.

Mr. Radhakrishnan, in the petition, has argued that the participation of Mr. Lokesan in the very board meeting of the KWA which appointed him Special Officer was improper. This violates Section 12 of the Water Supply and Sewerage Act which stipulates that no person who is interested in any resolution should attend that Board meeting, the petition points out.

The KWA MD told The Hindu that there was nothing improper or illegal in the appointment of Mr. Lokesan Nair. "Mr. Nair was present for the Board meeting that day, but was not present when the matter relating to his appointment was discussed. The KWA is aware of the existing rules and we wouldn't go against that, would we?" she asked.

Asked for his comment, Mr. Lokesan Nair, said he would not like to say anything now as the matter was before the court.

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