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| Consider continuation of Chairman, Member SAC till new appointments are made: DB to Govt | | PIL over inadequate staff in Anti-Graft Bodies | | Early Times Report
Jammu, Aug 16 : In the much publicized Public Interest Litigation (PIL) originally filed for seeking sanction in corruption cases wherein IAS/IFS/KAS officers were involved followed by a fresh application highlighting inadequate staff/ infrastructure to State Accountability Commission (SAC), State Information Commission (SIC) and State Vigilance Commission (SVC) and newly created seven Additional Anticorruption Courts in State of J&K, the Division Bench (DB) of State High Court observed that in interest of Commission, Govt may consider continuation of p[resent incumbents until regular appointments of Chairman & Members of State Accountability Commission are made.
When the present PIL came-up for hearing today, the Division Bench (DB) comprising Justice Virender Singh and Justice Tashi Rabstan, observed court during a hearing in July already has sought compliance report from the State, with regard to filling up the positions of Chairman and Members of the State Accountability Commission as they are completing their term on August 18, 2014. On July 8, Division Bench (DB) has been told that both the Chairman and the Member, who are former Judges of this Court, are to complete their terms in August, 2014 but there was no information, which would show that any step has been taken for filling up two positions by constituting a Search Committee. Accordingly, the DB directed state government to take immediate steps for appointing the Chairman and Member of the Accountability Commission and sought detailed action taken report from department of Home, law and General Administration before the next date of hearing. During the hearing Sr. Adv Sunil Sethi appearing for the SAC submitted that this vital organization has virtually been made defunct by the State by not making it operation in its true sense as also observed that the Court in its Order dated April 4, 2014 and prayed that some directions may be issued in tune with the directions contained in order July 8, 2014 for the continuation of the present incumbents as Chairman and Member of SC till the new incumbents are fixed.
Division Bench observed that so far as the issue of functionality of the SAC is concerned, it can be deferred by us for consideration, but the difficulty is in respect of manning of the Commission in view of the fact that both the chairman and Member of the Commission are slated to relinquish their office on 18thof August 2014, notice of this was also taken by the coordinate bench on July 8, 2014, making it clear that in case, process of appointment gets delayed it would consider its continuation and in the given backdrop, Division Bench is of the opinion that in the interest of SAC, Govt may consider continuation of the present incumbents until regular appointments are made.
The order was written by Justice Virender Singh for the Division Bench after hearing Advocates for the PIL, ASGI KK Pangotra for the Union of India, Sr. AAG Gagan Basotra for the State, Sr. Adv Sunil Sethi with Adv Ankesh Chandel for the SAC, observed that since the compliance report was not filed till August 11, 2014 and this Court granted another two days' time to Sr. AAG Gagan Basotra to do the needful i.e. to place on record the status report filed by secretary, Dept of Law, Justice & Parliamentary Affairs wherein it is stated that the meeting of the select committee was proposed to be fixed on August 12, 2014 and that the secretariat of Chief Justice of J&K was accordingly requested to confirm the convenience and availability of Chief Justice for the attending the said meeting on fixed date. (JNF) |
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