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| In competent Law Secretary Conspire to Kill Reservation in Promotions | | | Bharat Bushan
On 26th Jan 1950, the
great Constitution was adopted and India became a socialist, secular, democratic republic with settled position that constitution is supreme and Executive, Judiciary & Legislature are three subsidiaries that needs to work in tandem. Legislature needs to make laws keeping in view the welfare nature of the country, Judiciary to interpret the laws within the ambit of constitution and Executive to implement the laws made by the Legislature in letter & spirit. Unfortunately, today the Executives dictates Politicians where the position of law comes in and leaves no stones unturned to defeat any scheme aimed at social welfare of the masses including provisions of reservations. Majority of the legislature seems helpless due to less education and inability to interpret the law as well as constitutional norms and accordingly direct executives for proper implementations and check their misdeeds.
The glaring example of bureaucratic bias clubbed with over activism surfaced openly when Hon'ble High Court of J&K on 9-10-2015 struck down section 6 of the Reservation Act and Rule 9, 10 & 34 of SRO-294 of 2005. It seemed bureaucratic treachery & politician's ignorance in not directing Advocate General to defend governments own law. In spite of large scale hue & cry against this biased order of High court in whole state, the bureaucrats dogged the politicians and did not filed review petitions in High court or in Apex court to safeguard government's law dealing with the welfare of a good chunk of population of the state. The reserved category employees as private respondents got STATUS QUO vis a vis provisions of reservation in promotions against order of Hon'ble Divison Bench. Subsequently in another SLP titled Nasib Singh Hon'ble Apex court Stayed Division bench order on 18-03-2016. Instead of implementing interim order of Apex court and continuing with provisions of reservation in promotions, one Muzzafar Ahmed Wani working as Additional Secretary (Law) on directions of Law Secretary Abdul Majid Bhat filed a clarification writ in the Apex court through State's standing counsel, asking from Apex court to clarify the meaning of STATUS QUO & STAY. Cunningness and merit of these Bureaucrats could be reflected due to this action. It has been alleged by reserved categories employees that upper caste employees had hugely bribed Mr. Abdul Majid Bhat (Law Secretary) as well as Mr. Muzzafar Shah (former GAD Secretary) for not implementing Apex court order. Many delegations of reserved categories met Ex-CM Ms. Mehbooba Mufti number of times for getting implementation of Stay Order but every time Ex-Law Minister, Ex-GAD Secretary and Law Secretary ignored advise and directions of the then CM and did not implement the stay order. Now the supreme court of India has directed Union of India to continue with the policy of reservation in promotions and subsequently Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Trainings, Govt. of India vide its office Memorandum: F.No.36012/11/2016-Estt.(Res-I){Pt-II}, dated June 15,2018 has directed Central Government offices, Union territories as well as State governments to continue with existing system of reservation in promotions. Now it has been learnt that both the Law Secretary & Social Welfare Secretary are conspiring to kill even the DOPT of GOI by not implementing it in letter & spirit that shall in fact be denying legitimate constitutional rights to SCSTs of J&K.
When we further probe into history of present Law secretary, Mr. Abdul Majid Bhat, it has been learnt that this otherwise ineligible employee is enjoying a very prestigious post of Law Secretary. Secretariat web site reveals that this man is not even KAS, what to talk of being IAS to man such a high profile and important post that requires highest level of intelligence. Before occupying this coveted post he remained as practicing lawyer, Additional PS/SA to than Agriculture Minister. Later he remained MD of JK Agro-Industries Dev Corporation and then got shifted as Special Secretary Law & parliamentary affairs using his political clout. He was elevated as Law secretary in August 2015. This may be one reason why the other administrative secretaries throw to winds any directions from Law department as had been reported in different news paper few days back. Also piling up of thousands of litigations and loss rate of litigations against government is too high. This is because of this in eligible Law Secretary who is too weak administratively unable to perceive the exact position of law and subsequently giving a proper legal advice to the other departments.
It has been alleged by reserved categories organizations that as long as such incompetent, corrupt and anti-reservation and anti welfare measures bureaucrats remain in the power corridor justice cannot be delivered to reserved categories. These organizations are planning to launch a mass scale agitation against such biased and incompetent bureaucrats. Will the Hon'ble Governor who believes in transparency, competency and honest act against such tainted officers. Will he safe guard constitutional rights of SCSTs including reservation in promotions. |
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