Sukesh. C. Khajuria seeks inquiry into the alleged Illegal and Ultra Vires appointment, unauthorized continuation, and Irregular enhancement of honorarium of Indian Red Cross Society, functionaries

Sukesh. C. Khajuria seeks inquiry into the alleged Illegal and Ultra Vires appointment, unauthorized continuation, and Irregular enhancement of honorarium of Indian Red Cross Society, functionaries

Jammu, May 25

Sukesh C. Khajuria, a Senior Social and Health Activist, in a representation to Manoj Sinha the Lt. Gov. of  J&K UT and president, Indian Red Cross Society (IRCS), J&K UT branch has requested for a through probe in larger public interest into the serious procedural, administrative, and financial irregularities in the functioning of the Indian Red Cross Society, J&K Union Territory Branch, particularly relating to the appointment and financial benefits extended to the General Secretary and the unauthorized continuation of the Treasurer, in apparent violation of the statutory framework governing the Society.

Sukesh. C. Khajuria submitted that  Rohit Khajuria, formerly Vice Chairman, Jammu Development Authority, Housing and Urban Development Department, J&K, was appointed as General Secretary of the J&K UT Branch of the Indian Red Cross Society for a period of three years from 01.06.2023, or till the appointment of a General Secretary by the Managing Committee of the UT Branch, or till further orders, whichever occurred earlier, vide Order No. GS-53/IRCS/98-23/1661-66 dated 23.05.2023.

He stated that on the date of issuance of the aforesaid order, the State/UT Managing Committee of the Society was duly constituted, functional, and fully competent under the Rules governing the Society to discharge its statutory obligations. Under Schedule III, Rule 12(2)(b) of the IRCS Branch Committee Rules, 2017, the power to appoint the General Secretary vests with the Managing Committee, which is also empowered to determine and approve the terms and conditions governing such appointment.

In such circumstances, the appointment order was necessarily required to be placed before the competent Managing Committee for deliberation, approval, and ratification in accordance with the Rules governing the Society. However, no material appears to exist  indicating that the matter was ever placed before, approved, or ratified by the competent Managing Committee. Consequently, the appointment, in its present form, appears procedurally irregular, contrary to the governing Rules, and prima facie ultra vires the statutory framework regulating the affairs of the Society, he asserted.

Sukesh. C. Khajuria submitted that the Indian Red Cross Society is an independent statutory humanitarian institution functioning under its own Rules, Regulations, and administrative framework, and is not a conventional Government Department. Therefore, adherence to institutional procedures, collective decision-making, and financial accountability is fundamental to preserving the integrity, autonomy, and credibility of the Society. Further, Schedule V (Rule 14) of the IRCS Branch Committee Rules, 2017 specifically provides that the General Secretary shall function under the general control and direction of the Chairman and that the terms and conditions of service shall be determined by the elected State Managing Committee. The General Secretary is entrusted with important statutory responsibilities, including implementation of decisions of the AGM and Managing Committee, preparation of annual reports, budget estimates, and financial statements, thereby making procedural compliance indispensable.

He further submitted that vide communication bearing No. LGS-141(HLGS) 23-24/1396 dated 15.03.2024 issued from the Lieutenant Governor’s Secretariat, the honorarium/salary structure of the General Secretary was revised. The said communication records that the honorarium structure was approved in the following manner: “Last Pay Drawn minus Pension with D.A on pay (not on pension) plus Allowances like HRA, T.A, M.A, CCA along with Annual Increment.”

He pointed out that Paragraph 3 of the very same communication expressly stipulates as under: “It is requested that the abovesaid proposal may kindly be brought up before the next meeting of Managing Committee of IRCS, J&K UT Branch for ratification.”

Explaining the case, Sukesh.C.Khajuria said that a plain and meaningful reading of the aforesaid communication unequivocally establishes that the enhancement of honorarium was conditional and incomplete unless ratified by the competent Managing Committee. The requirement of ratification was mandatory and not merely directory in nature. Nevertheless, the enhanced financial benefits appear to have been implemented and drawn without obtaining the requisite approval and ratification from the competent statutory body.  In the absence of such ratification, the enhanced honorarium/salary being drawn appears unauthorized, irregular, and contrary to the financial discipline and governance framework prescribed under the Rules governing the Society.

He said that previous General Secretaries of the Society, including retired senior civil servants, were ordinarily paid a consolidated honorarium of Rs. 20,000/- per month with the prior approval of the State Managing Committee. The immediate past General Secretary, K.H. Rizvi, IAS (Retd.), was also paid honorarium strictly pursuant to approval granted by the competent Managing Committee.  Accordingly, any payment drawn in excess of the amount lawfully approved, without authorization and ratification by the competent Managing Committee, is liable to be treated as unauthorized expenditure and recoverable in accordance with law and the principles governing public charitable institutions.

Sukesh.C.Khajuria states that the funds of the Indian Red Cross Society are charitable public funds substantially generated through annual contributions from students, voluntary contributions from Government employees, and public donations. Such funds are required to be utilized strictly in accordance with the governing Rules and principles of transparency, accountability, and financial propriety. Any unauthorized extension of financial benefit directly erodes public confidence and undermines the institutional credibility of the Society.

He pointed out that G.A. Qureshi, former Director General, Economics & Statistics, Planning and Development Department, J&K Government, and Honorary Treasurer of the Society, was reportedly appointed by the then Governor of J&K (President, Indian Red Cross Society, J&K State Branch) on 10.08.2015 vide Order No. GS- 53/IRCS/98/2015/4090-4098 for a fixed tenure up to August 2017, but continues to hold office till date despite expiry of the tenure and without any valid order or approval of the competent State Managing Committee, which remained functional till 02.08.2023.

Under Schedule II (Rule 11) of the IRCS Branch Committee Rules, 2017, the Treasurer is required to be elected by the State Managing Committee and is entrusted with critical statutory responsibilities relating to regulation of finances, supervision of accounts, advising on expenditure and investments, and presentation of audited financial statements before the competent bodies of the Society. Continuation in such an important statutory position without lawful authorization raises serious concerns regarding legality, accountability, and financial governance, he explained.

Sukesh .C. Khajuria wrote that several important statutory functions of the Society, including preparation of annual reports and accounts, conduct of Annual General Meetings, and other mandatory governance requirements, appear to have remained unattended or non-compliant, thereby adversely affecting the institutional functioning of the Society.

He requested that In view of the facts and circumstances of the case  an independent inquiry and special audit into the appointment of the General Secretary, enhancement of honorarium/salary, unauthorized continuation of office bearers, and the overall financial and administrative functioning of the IRCS, J&K UT Branch should be ordered which would also examine whether the actions undertaken are in conformity with the IRCS Branch Committee Rules, 2017 and other governing provisions applicable to State/UT Branches of the Society.

He also demanded strict adherence of the statutory governance framework prescribed by the Indian Red Cross Society, National Headquarters, New Delhi, including compliance with institutional procedures relating to appointments, financial approvals, meetings, audits, and statutory reporting and recover of any amount found to have been drawn by the General Secretary or any other office bearer in excess of the amount lawfully authorized by the competent Managing Committee.

He further asked for such further remedial and corrective measures as may be deemed appropriate in the interest of legality, transparency, institutional integrity, and protection of public charitable funds entrusted to the Society. Since, the issues raised herein concern not merely an individual appointment or financial benefit, but larger questions relating to rule of law, institutional governance, accountability, and preservation of public confidence in a premier humanitarian institution functioning in the Union Territory.

He finally requested that his representation should receive urgent, impartial, and appropriate consideration in the larger public interest. A copy of the said representation addressed to Manoj Sinha lt. Governor UT of J&K and president Indian red cross society (IRCS), J&K UT branch has also been forwarded to Lalit Wadhwa, icoas- 2008 Secretary General (Incharge) IRCS and  Omar Abdullah Hon’ble chief minister, UT of J&K.