(k). 11th Posting - DS, Commerce & Industries Department

I joined as a Deputy Secretary in the Department of Commerce & Industries at Writers' Buildings on March 2, 1987. I worked in this department for a little less than three years. 

I looked after that Branch of the Department which dealt with mines and minerals. I was, as such, associated with framing the state policy on mines and minerals as also with the administration of the Acts and Rules on these matters. The Directorate of Mines and Minerals and the West Bengal Mineral Development Corporation were under the administrative control of this branch. The branch also dealt with the matters of coal mines in so far as those related to the State Govt. We used to process in this branch applications for the grant of lease of the areas for extraction of minor minerals like sand, gravel, boulder, earth, etc., and prospecting licenses for major minerals, and issue a Lease/License from here. 

During my tenure here, I also held the additional charge of West Bengal Sugar Industries Corporation as its Managing Director for some time.  

While posted here, I visited some of the districts rich in minor minerals to have first-hand knowledge of the field situation. During these tours, I also discussed with field-level officers matters to be looked into before recommending an application for lease/licenses on minor minerals. Our discussions also related to preventive actions against lifting sand from the restricted areas within the statutory distance of the bridges and the highways. Mining officers concerned also had some issues which were discussed and resolved.

Here I recount a matter where a government decision rejecting a renewal application for a lease was upheld by successive courts of law, when the applicant brought it before them. I had examined that matter with due attention to existing law in the following order. A son of the holder of a lease for sand in the district of Hooghly applied for the renewal of the lease held by his father. While processing the application, it transpired that the leaseholder was dead, and the validity of the lease had also expired. The renewal application was liable to be rejected as the lessee was not alive. I was also of the view that the lease having expired and being non-existent at the time, there was no property under it that the descendants of the deceased could claim for transfer in their favour. I had a feeling that the applicant would go to court. I drafted the order rejecting the application with due consideration of all material facts. The Govt passed a speaking order based on that, giving reasons and quoting appropriate sections of the law, including relevant provisions in the transfer of property act. The applicant had first moved a writ petition in a Single Bench of the Calcutta High Court, where he had lost. He then had appealed to the Division Bench where, too, he had failed, and the matter rested there, as far as I know.

I  mention the incident here to show that in administrative matters, we could avoid judicial intervention if we dispose of those with a proper application of mind and adequate reasoning. The Govt faces many cases under Art 226 of the Constitution for default in the disposal of matters brought before it by the aggrieved parties. 

During my tenure in this department, the Secretary placed me in the additional charge of the Managing Director of Sugar Industries Corporation with its Mills at Ahmedpur, Birbhum. It was done with my consent to man the post when the Departmental Secretary decided to replace the incumbent Managing Director of the Corporation. Departmental Secretary, Mr P. K. Sarkar, was an upright officer. In deference to his wishes, I took up this assignment. I joined on August 10, 1989, and worked there upto December 30 that year. 

When working there, I found various irregularities in the corporation. The mills had to make substantial purchases over the year for their functioning. There was no purchase policy. The procedure for purchases  was not transparent and not supported by established norms. It smacked of corrupt practices. It was not practical to bring about any major change in the system without disturbing the operation of the mills in the available time before the sugarcane-crushing season. Steps were, however, taken for the rectification wherever possible. I also identified some people involved and sent the principal officer (Purchase Officer) primarily responsible for the irregularities on leave. I felt others above the Purchase Officer, too,  were involved, but the constraint of time and the scope of duty did not allow me to proceed further. I, however, kept the department informed. During my short stay, I tried to set the system in order and plug its loopholes to the extent possible.

As I have stated earlier while discussing my tenure in the DPAP, I was detailed to assist the District Magistrate, Burdwan, in conducting the election to the Legislative Assembly in the Asansol sub-division immediately after I had joined this department. I had camped in Asansol till the election was over. Mr Satish Tewari, a young IAS officer, was the SDO, Asansol. Preparation and polling station-wise splitting of the electoral rolls, in particular, was in doll drums, apart from other faults for the smooth conduct of the election, when we had arrived there. My colleague and I had worked hard to get matters under control; the election had concluded smoothly. We had the full cooperation of local officers and the district authorities.   

I left Commerce & Industries Department on January 1, 1990, to join as the Deputy Secretary to the Governor. The incumbent Governor, Mr T. V. Rajeswar, selected me after interviewing another colleague and me.

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