GTA to move court for principal secretary - Legal challenge to replace Mohan

Vivek Chhetri, TT, Darjeeling, March 15: The GTA Sabha today decided to file a writ petition in Calcutta High Court against the state government over the appointment of the principal secretary of the hill body.

“The GTA has decided to file a writ petition in the high court soon over the appointment of the principal secretary to the GTA. The state government has not been following the provisions enshrined both in the GTA MoA (Memorandum of Agreement) and the GTA Act,” said GTA executive member Roshan Giri.

He was speaking after the GTA Sabha meeting at the Gorkha Rangamanch Bhavan in Darjeeling today.

Giri said Saumitra Mohan was not fit to execute the responsibilities of the GTA principal secretary.

“After going through the appointment letter of Saumitra Mohan, we have found that he has been appointed secretary of the GTA and has also been directed to exercise the powers and functions of the principal secretary (of the GTA). Apart from these two posts, he is also the district magistrate (of Darjeeling). One person is holding three charges and we want a full-fledged principal secretary to be appointed to the GTA.”

According to Giri, the GTA MoA states that the principal secretary would have to be of the rank of either a principal secretary or a secretary to the state government.

“In the GTA Act, it is stated that the principal secretary to the GTA will be in the rank of either a secretary or a commissioner of the Bengal government. However, the provisions agreed upon in the GTA MoA or the Act have not been followed,” said Giri.

The Bengal’s administrative hierarchy in ascending order starts from joint secretary, additional secretary, secretary and principal secretary. Morcha sources said Mohan was an additional secretary to the government.

The party is also peeved because the government has not acted upon a resolution passed by the GTA Sabha on February 6, demanding the change of the present principal secretary.

Relations between GTA chief executive Bimal Gurung and Mohan have come under stress in recent months. Gurung is of the opinion that Mohan has been functioning without taking the GTA Sabha members into confidence, an allegation Mohan has already denied. The GTA Sabha also objected to the government’s decision to “revive” the school service commission in the hills and the delay in the transfer of a few departments to the GTA.

Deep Gazmer, TNN | Mar 16, 2013, DARJEELING: Alleging continuous interference from the Bengal government, the Gorkhaland Territorial Administration (GTA) Sabha on Friday passed a unanimous resolution to move Calcutta high court against the state. The GTA had been formed after four years of agitation for Gorkhaland, initiated by the Gorkha Janmukti Morcha (GJM) party.
The GTA agreement was signed in July 2011. However, the GJM, of late, has been alleging "unnecessary interference" by the state in its functioning for political gain, and also not fully implementing the pact, as was envisaged through a tripartite agreement for better governance of the Hills.
On Friday, after the meeting which was preceded by an executive members' meeting on Thursday, GTA Sabha chairman Bhupendar Pradhan said: "The state is working undemocratically and outside the spirit of the GTA agreement. The GTA agreement is not reflected in the act. Therefore, the GTA Sabha passed a resolution to move a writ petition against the state in the high court for violating the agreement."
Though the sabha mentioned a number of issues, it is primarily upset with the appointment of Saumitra Mohan, the Darjeeling district magistrate, as the GTA principal secretary. "The GTA agreement mentions that the principal secretary to the new council should be the principal secretary to the Bengal government or someone in the rank of a commissioner. However, the present principal secretary is of IAS rank and also holds dual charge," said GJM general secretary Roshan Giri, also an executive member of the GTA.
The GJM leader also said as per norms, the GTA was to have a principal secretary, a secretary and then executive directors to efficiently run the council.
"The rules mention that the GTA should have a three-tier rank system. But interestingly, a government order that we have got hold of, which has the consent of the state governor, says that Mohan will be the GTA secretary and principal secretary.
Even though we have apprised the Bengal chief minister and Union government, nothing has been done to correct it," Giri alleged. Mohan has been a thorn in GJM's side since the recent "showdown" with chief minister Mamata Banerjee.
The party has accused Mohan of "working for the state government" by not confiding in GTA chief executive Bimal Gurung, to whom he has to report. Other issues on which the sabha passed resolutions were the setting up of a school service commission ( SSC) in the Hills, immediate transfer of all 56 agreed departments with amendment and the authority to create posts for the lower three groups and also appointing power.