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| Raj Bhawan's observations overruled! J&K govt renders SVO legally defunct, fails to constitute SVC | | Vigilance Commissioner functioning without powers | | Syed Junaid Hashmi
Jammu, May 3: Express reservations of Raj Bhawan did not deter impatient Jammu and Kashmir government from hurriedly constituting state vigilance commission (SVO), leaving the present Commissioner Vigilance in a quandary.
Known as scrupulously honest officer, P.L. Gupta is in a fix about his role. After constitution of the commission on January 19, 2011; third senior-most IPS officer of the state who is presently holding rank of ADG, Gupta has been left practically with no job in the commission.
Such was the urgency of the government that it got 'The Jammu and Kashmir State Vigilance Commission Act-2011' assented by Governor N.N. Vohra on January 19, 2011 without looking into legal impact that the enactment of act would have on the functioning of the what is still known as State Vigilance Organisation (SVO).
To begin with, after Governor's assent and subsequent notification of act in government gazette, SVO seized to exist. As per the act, the new anti-graft body is State Vigilance Commission (SVC). Further, Vigilance Commissioner appointed by government through a cabinet order from among the senior most police officers of the state losses all powers as well as the present position.
The reason: according to the section 4 of the act which is in force across the state, newly constituted state vigilance commission is to be headed by Chief Vigilance Commissioner (CVC) and two members, who would be designated as vigilance commissioners. These would be appointed by Governor on the recommendation of a Committee consisting of Chief Minister who would be Chairperson and three members which would include a senior minister to he nominated by the Chief Minister, Minister of Law and Parliamentary Affairs and leader of the opposition in the State Legislative Assembly.
After the enactment of the act, post of Vigilance Commissioner (VC) of the now non-existent State Vigilance Organisation (SVO) becomes redundant. Further, Chief Vigilance Commissioner (CVC) and the Vigilance Commissioners have to be appointed from amongst persons who have been or are in All-India Service or in any civil service of the state or in a civil post under the state having knowledge and experience in the matters relating to vigilance, law, finance, policy making and administration including police.
State government first brought down the State Vigilance Organisation (SVO) by enacting the flawed act and after rendering the organisation legally defunct, is now seeking public opinion over the amendments proposed to act which is practically yet to be implemented and operationalised.
Though Governor N.N. Vohra, according to sources corresponded with government for around seven months over the act and cautioned it against enacting it in a hurry. But as per the sources, Chief Minister Omar Abdullah promised Vohra of amending the act after it is brought into operation. They said that on this assurance, Governor gave his assent to the bill and government immediately notified in the government gazette.
None knew that the clueless Jammu and Kashmir government would not be able to make the commission functional immediately after the enactment of the act. Almost four months have passed since the act became operational; government has been unable to make the commission functional. The only credit that goes to this government is that of rendering P.L.Gupta, a man of integrity without any work.
An observer commented that government is seemingly treating the Vigilance Commission in the same manner in which it rendered the Accountability Commission dysfunctional. He said that as SVO, at least there was someone who was keeping a watch on the corrupt practices in the government offices but with government turning it into commission, it is also likely to suffer with adhocism. |
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