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| DB directs Secy Home to appear in person for inadequate staff in SAC, SVC, SIC | | | Jammu, Apr 4 (JNF):The much publicized Public Interest Litigation (PIL) filed for over inadequate staff/ infrastructure to State Accountability Commission, State Information Commission and State Vigilance Commission and newly created Additional Anticorruption Courts in different Districts, the Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today directed State that complete disclosure with regard to the stage of enquiries, nature of charges, status of 147 officers and their present postings be made to the Court so that appropriate orders be passed and directions are issued.
When the PIL taken-up, a status report filed by GAD disclosed that there are 147 pending departmental enquiries and Action Taken Reports are awaited in all cases. This disclosure has been made only at the instance of the petitioners by filing application wherein a press report was attached divulging the pendency of 143 such cases. On an earlier occasion it was stated by the respondents that no such case was pending, which has now been belied by the status report filed by the General Administration Department itself. However, the disclosure reveals less and conceals much more.
Accordingly, DB directed that complete disclosure with regard to the stage of enquiries, nature of charges, status of officers and their present postings be made to this Court so that appropriate orders be passed and directions are issued. Status report also disclosed that the Finance Department has conveyed its concurrence for creation of 49 regular posts with the average of 07 posts in each Court of seven Additional Sessions Courts (newly created Anticorruption Courts), which have been designated and empowered to adjudicate the corruption cases but no time period has been given as to when these persons would be in a position to discharge their duties.
Upon this Division Bench expected that these 49 posts should be filled up within four weeks from today so that a regular mechanism advancing administration of justice is in place because adhocism which is the rule in the State may not marred the working of the Courts. Meanwhile respondents stated that the Cabinet is to approve the creation of 49 posts but no period has been fixed. It is directed that the Cabinet may take a decision at the earliest and by devising a mechanism which is adopted in most urgent cases. Therefore, the Cabinet approval be accorded to the proposal of creation of 49 posts within two weeks' time. The re-structured proposal sent by the Vigilance Commission in pursuance of the observations made on 18/02/2014 be also placed before the Cabinet and approval be sought within two weeks' time.
DB further observed that some suggestions have been made to overcome the present difficulty created by staff crunch, which has brought working of seven Courts to standstill. At this stage Sr Advocate Sunil Sethi, drawn the attention of Court to the response filed by the Department of Law, Justice and Parliamentary Affairs with regard to the providing of staff to the Accountability Commission, which is left high and dry and its working has been totally impeded. Thereafter the vacancies are proposed to be referred to the recruiting agency for selection of eligible candidates.
Sr AAG Gagan Basotra, State counsel is not in a position to apprise the Court about the status of the recruitment rules as to whether same have been notified or not. The other issue raised by Sr. Adv Sunil Sethi is that no independent investigating agency has been provided to the Commission as required by the statute and the correspondence is going on between the Law Department and the Home Department since 21/09/2011 followed by reminders dated 28/09/2012, 03/05/2013 and 18/02/2014.
Division Bench also directed Secretary to Govt Law, Justice and Parliamentary Affairs shall also appear in person to explain as to why the recruitment rules for the employees of the Commission have not been finalized despite the directions issued by this Court.
In this PIL Advocate SS Ahmed with Adv Irfan Khan appeared for the PIL, KK Pangotra ASGI appeared for the Union of India, Sr. AAG Gagan Basotra appeared for the State whereas Sr. Advocate Sunil Sethi with Mosin Bhat appeared for the SAC.
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