In an important and unprecedented move, the Haryana government has decided that the chairman or member of the Haryana Real Estate Regulatory Authority (HRERA) will now be liable for an inquiry by a sitting judge of the High Court if the government finds prima facie evidence. Financial irregularities or abuse of official position.
Earlier, under Haryana’s Real Estate (Regulation and Development) Rules, 2017, such provisions were not in place. Now this arrangement has been made through a notification issued by the Town and Country Planning Department.
“The amendment will not only act as a deterrent for officials indulging in corruption but also provide prompt and timely justice,” said a senior Haryana government official.
The two main grounds for making a chairman or member of an authority liable to inquiry by a sitting judge of a High Court are: (a) if the chairman or member has acquired a financial or other interest which may adversely affect his work or (b) if he has abused his office to such an extent that that their continuance in office would be detrimental to the public interest.
A similar procedure shall be followed for the Chairman or members of the Appellate Tribunal. However, the preliminary investigation in their case will be conducted by a retired judge of the Supreme Court instead of an officer of the rank of Additional Chief Secretary. If the preliminary investigation proves the charge, the subsequent investigation will be conducted by the sitting judge of the High Court.
According to the new notification, if the state government “comes aware of an incident under either of the two circumstances” either through a complaint or by default, it will conduct a preliminary inquiry through “an officer not below the rank of Additional Chief Secretary”. If the preliminary inquiry and the reply of the concerned chairman or member show a prima facie case for further investigation, the government may appoint a permanent judge for the inquiry in consultation with the Chief Justice of the High Court.
Regarding the power of the judge to conduct the inquiry, the notification said: “The judge shall be guided by the principles of natural justice and shall have the power to regulate his own procedure including fixing the time and place of the inquiry. For the purpose of discharging his duties, the judge shall have the same powers as those of a civil court, “including to call and examine witnesses, to produce documents, to receive evidence on affidavit, and to receive public records.”
It is further stated in the notice, ‘If there is an allegation that the chairman or member of the authority cannot perform his duties efficiently due to physical or mental disability and if the allegation is denied, the judge may take necessary steps for the medical examination of the chairman. or member.”
The judge will submit a report to the state government with the findings and reasons for each charge. Based on the report and recommendations, the government will decide to remove or continue the president or member.
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