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| SAC puts CM on notice for ‘political favoritism’ vAxe likely to fall on Gul, Rana | | | Early Times Report
Jammu, Feb 17: With the State Accountability Commission (SAC) taking cognizance of `political favoritism', the axe of the highest anti-graft body of the state is likely to fall on Chief Minister's advisors and scores of `influential' people.
The SAC in an order of far reaching consequences issued notice to Omar Abdullah, the Chief Minister of J&K State, Mubark Gul, Advisor to the Chief Minister; Devinder Singh Rana, Political Advisor to the Chief Minister; Mushtaq Ahmad Shah (Bukhari), Vice Chairman, J&K State Advisory Board for Dev of Pahari Speaking People; Ch. Bashir Ahmad Naz, Vice Chairman, J&K State Advisory Board for Development of Gujjars and Bakerwals; Rachpal Singh, Vice Chairman, J&K State Advisory Board for Development of Kissans; Kuldeep Raj Verma, Vice Chairman, J&K State Advisory Board for the Welfare and Development of Other Backward Classes; Swarn Lata, Vice Chairperson, J&K State Advisory Board for Development of Scheduled Castes; and Shamima Firdous, Chairperson, J&K State Commission for Women for appearance in person or through duly authorized agent or counsel and for filing statement of defense, if any before the Commission on March 5, 2012.
SAC observed that the aforesaid respondents shall also show cause as to why interim recommendation in terms of Section 16 of the Act be not made.
SAC after thorough perusal of records returned a finding that the appointment of Mubark Gul and Devinder Singh Rana as Advisor and Political Advisor respectively to the Chief Minister with the status of a Cabinet Minister and Minister of State and their entitlement to the amenities attached to the office of a Cabinet Minister/ Minister of State appear to be without any authority of law. Similarly as regards the Chairpersons and Vice Chairpersons, named above upon whom the status of Minister of State has been conferred and made entitled to all the amenities available to a Minister of State the action of the Government for the identical reasons appears to be without the authority of law.
While issuing the order, the SAC comprising Justice YP Nargotra (Rtd) Chairperson and Justice Hakim Imtiyaz Hussain (rtd) Member further ordered that copy of this order shall also be sent to the Competent Authority, the Governor of the State as per requirement of Section 13 of the Act.
These significant directions have been issued in a complaint filed by one Wali Mohd Rather initially against Khem Lata Wakhloo chairperson J&K Social Welfare Board in which the principal allegation made is that she is enjoying the salary, perks and other amenities admissible to a Minister of State without being legally entitled thereto.
The anti-graft body after perusing the said information/ record from which it has been revealed that as per the desire of the Chief Minister the State Government appointed Mubark Gul (sitting MLA) as Advisor to the Chief Minister, with the rank and status of a Cabinet Minister, vide Govt order No. 904-GAD of 2009 dated 14-7-2009 providing initially that "he shall not draw any salary/ remuneration for the said assignment".
The SAC found Devinder Singh Rana was also appointed by the Government as Political Advisor to the Chief Minister, with the rank and status of a Minister of State, vide Govt order No. 32-GAD of 2009 dated 9-1-2009, providing that he "will enjoy all the benefits as are entitled to a Minister of State. However, he shall not draw any salary/ remuneration for the said assignment". The record further revealed that the Government has appointed Mushtaq Ahmad Shah (Bukhari), Vice Chairman, J&K State Advisory Board for Dev of Pahari Speaking People; Ch. Bashir Ahmad Naz, Vice Chairman, J&K State Advisory Board for Development of Gujjars and Bakerwals; Rachpal Singh, Vice Chairman, J&K State Advisory Board for Development of Kissans; Kuldeep Raj Verma, Vice Chairman, J&K State Advisory Board for the Welfare and Development of Other Backward Classes; Swarn Lata, Vice Chairperson, J&K State Advisory Board for Development of Scheduled Castes; and Shamima Firdous, Chairperson, J&K State Commission for Women vide various Govt. orders.
SAC also referred Govt order 950-GAD of 2010 dated August 19, 2010 which reads as under "It is hereby ordered that Advisor to CM enjoying the status of a Cabinet |Minister and Political Advisor to CM, Chairperson, J&K State Commission for women, Vice Chairman, Advisory Board for the Development of Scheduled Castes; Vice Chairman, Advisory Board for the Development of Gujjars and Bakerwals, Vice Chairman, Advisory Board for the Development of Pahari Speaking People, Vice Chairman, Advisory Board for the Development of Kissaans, Vice Chairman, Advisory Board for the Welfare and |Development of OBCs and enjoying the status of a Minister of State shall be entitled to amenities which are available to a Cabinet Minister and the Minister of State respectively".
The commission after perusal of the records raised a legal question that post of Advisor and Political Advisor to the Chief Minister have not been shown to be the creation of any statute or the constitution of Jammu and Kashmir. It is being claimed by the Government that posts were created and filled up by the Government in exercise of its administrative/ executive discretion.
SAC observed that under the Scheme of the Constitution, however, the executive power of the State is vested in the Governor to be exercised by him directly or through a person or authority as he may direct. No order issued by the Governor delegating any such power in favour of the Government or any authority has been brought to our notice as yet.
In the present case neither any statute of the legislature nor any order of the Governor whereby the Government has been specifically vested with the authority to appoint Advisors to the Chief Minister and confer upon them the constitutional status of a Cabinet Minister/ Minister of State for dealing with the affairs of the State and enjoying the amenities attached thereto, has been brought to our notice by the Government while furnishing the information. No person unless appointed in accordance with law under the State can legally be entitled to deal with the affairs of the State and the payment of any remuneration thereof. Any appointment made and any remuneration paid without authority of law by the Government would be nothing but a political favour at the cost of public exchequer.
SAC further observed that the posts which are statutory in nature can carry the salary, perks and amenities which are determined in the manner prescribed by the statute itself whereas the non-statutory posts carry the salary, perks and amenities as may be determined by the Governor of the State or by the authority to whom such power has been delegated by him.
SAC while commenting upon the appointment of Shamima Firdous as Chairperson JK State Commission for Women observed that her appointment is the creation of the statute i.e. the Jammu and Kashmir Commission for Women Act 1999. Sub-Section (5) of Section 4 of the said Act provides as follows "The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed." The expression 'prescribed' used in the above provision has been defined by clause (d) of Section 2 of the said Act as follows"(d) 'prescribed' means prescribed by rules made under this Act." Section 17 of the Act specifically empowers the Government to make rules by Notification in the Government Gazette for carrying out the provisions of the Act, which include rule for providing salaries and allowances payable to and other terms and conditions of the Chairperson and Members under sub-section (5) of Section 4 and of officers and other employees under sub-section (2) of Section 5. The Government instead of acting as per the mandate of the afore-said Act and making rules for fixing the salary, allowances and other conditions of service of the Chairperson has ordered for the conferment of the status of a Minister of State upon the Chairperson and accordingly the Chairperson, J&K Commission for Women is enjoying the perks and other amenities admissible to a Minister of State which prima facie is in gross violation of law. |
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