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| DB directs GAD to fill 7 posts of SPOs newly created in Anticorruption Courts | | PIL on inadequate staff in SAC/SVC/SIC/newly created Courts | | Early Times Report
Jammu, Apr 24 (JNF):- For early disposals of Corruption cases in newly created Seven Additional Anticorruption Corruption Courts, J&K State, Division Bench (DB) of State High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar express displeasure over slow place of department and directed General Administration Department (GAD) to take all necessary steps to fill up all these posts on temporary basis for a period of six months and also commence the process for filling up the posts on regular permanent basis.
When this much publicized Public Interest Litigation was taken up, the Division Bench observed that in pursuance of order dated 04/04/2014 a status report has been filed, which does not answer many queries raised in the order. In fact in the status report it has been stated that information has been received from eight departments, which was found incomplete. Court observed that departments have again been directed to do the needful and communications have been sent to them and information has not been supplied in time bound manner and all steps for securing the information as per the directions are being taken. "In most of the cases pending enquiries for the lost over 4/5 years have not been proceeded and in the last column 'disposal' it is stated that ATRs are awaited., Division Bench observed that all these statements are far from satisfactory because in order dated April 4, 2014 "we have specifically asked the nature of charges, stage of enquiry and the action proposed to be taken. The posting of officers was another aspect which was required to be intimated in the status report". Division Bench further observed that in respect of creation of staff for the seven Additional District and Sessions Courts empowered vide SRO No.368 dated 29.08.2013 to hear the cases under the Jammu and Kashmir Prevention of Corruption Act while a sanction order dated 16.04.2014 has been issued creating 7 posts of Senior Prosecuting Officers, Junior Stenographers etc. However, nothing has been revealed as to the steps taken for filling up the aforesaid sanctioned posts. Likewise in order dated 16.04.2014 a committee was appointed comprising of Director, Vigilance Organization, J&K, Secretary to Govt, Department of Law, Justice and Parliamentary Affairs and Director Prosecution, who have recommended for engagement of retired CPOs/SPOs on temporary basis against 7 posts of SPOs created vide Government Order No.414-GAD of 2014 dated 16.04.2014 and the process is required to be completed subject to other terms and conditions within a period of one month commencing from 16/04/2014. Division Bench directed the General Administration Department to take all necessary steps to fill up all these posts on temporary basis for a period of six months and also commence the process for filling up the posts on regular permanent basis. There is some difficulty expressed by the Vigilance Organization for issuance of advertisement notice for publishing the same in the leading Newspaper as Director, Information appears to have shown reluctance on account of Modal Code of conduct. He has requested that clearance from Chief Electoral Officer in that regard be obtained. Division Bench further observed that there is no impediment in proceeding with the issuance of advertisement notice as the Chief Electoral Officer has no jurisdiction nor any such thing has been prescribed in the Modal Code of Conduct to interfere in the working of the Courts. Accordingly, the Director Information shall proceed to publish the notice as has been asked by the Secretary to Government, GAD, Jammu. Division Bench felt that in complying with the directions issued by the Courts, the Election Commission as such would not enjoy any jurisdiction if the concerned department complied with those directions and compliance report in that regard be also filed besides filling of complete status report within two weeks. |
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