The Meghalaya government has failed to act against a senior official of the Forest and Environment Department who has been caught in a controversy in the past despite orders by the Central government and the Meghalaya High Court for action against him.
Indian Forest Service (IFS) officer M Bala Krishna Reddy was given the promotion to the post Additional Principal Chief Conservator of Forest (APCCF) despite having been convicted by the court in criminal proceedings.
The promotion was also questioned by the Ministry of Environment, Forest and Climate Change which has also requested the Meghalaya government to take “appropriate action” to bring Reddy “to the position which he would have held but for incorrect order of promotion”.
The Ministry of Environment, Forest and Climate Change in a letter to Chief Secretary Donald P. Wahlang on March 17, 2023 said that the guidelines of Departmental Promotion Committee (DPC) have not been followed by the Meghalaya government while considering promotion to Reddy.
According to the Ministry, Reddy was “convicted by the court in criminal proceedings and currently on bail while his imprisonment is only suspended”.
“As per promotion guidelines, the recommendation of DPC of Reddy must have been placed in sealed cover. However, it has been observed that repeatedly, the guidelines have not been followed and promotions were given to him,” the Ministry said in the letter.
In this regard, the Committee of Secretaries has taken a recommendation that in case of non-compliance by the State government, the cadre controlling authorities should monitor the same and exercise all available instruments to ensure compliance.
The Ministry of Environment, Forest and Climate Change being a cadre controlling authority for IFS officers has asked the State government “to take appropriate action to bring Reddy to the position which he would have held but for incorrect order of promotion”.
The Ministry has also directed that “suitable disciplinary action should be taken against the officers and staff who are responsible for such erroneous promotion”.
It may be noted that in respect of the Civil Services Examination of 1996, Reddy was found guilty of having committed offences under Sections 468 and 471 of the Indian Penal Code, 1860 by the court of Special Judicial Magistrate, CBI and Economic Offences, Indore for having adopted unfair means in the Civil Services Examination.
The division bench of Meghalaya High Court in its judgement passed on July 5, 2022 on a writ petition filed by the Union of India against Reddy said, “Till such time that the respondent (Reddy) is honourably acquitted by an appropriate forum in accordance with law, the order of conviction and the appellate order upholding the same cannot be wished away.”
The High Court also directed the Meghalaya government to initiate disciplinary proceedings against Reddy and impose an appropriate penalty on him.
“It is an undeniable position in the present case that the respondent (Reddy) was serving in the Assam and Meghalaya joint cadre in the year 1996 since he was allocated to such joint cadre on or about August 31, 1995 as per the respondent’s admission. In such a scenario, since the respondent is now posted in Meghalaya, it is the State of Meghalaya which can exercise authority under Rule 7 of the said Rules of 1969 and initiate disciplinary proceedings against the respondent and even impose an appropriate penalty, subject to the concurrence of the Union in accordance with Rule 7(2) of the said Rules,” the High Court said.
“Since the larger picture cannot be missed out by a High Court, it is necessary that the State of Meghalaya be directed to take appropriate steps to initiate disciplinary proceedings against the respondent under Rule 7 of the said Rules of 1969 within a month from date,” the court added.
However, till date the Meghalaya government is yet to act against Reddy as per the directions of the Ministry of Environment, Forest and Climate Change and also the order of the Meghalaya High Court.
