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HC directs CS not to shift record of Jammu region to Sgr and vice versa during durbar move
3/13/2012 11:17:25 PM
Early Times Report
JAMMU, Mar 13: A high court division bench of Justice Virender Singh and Justice Muzaffar Hussain Attar today directed the state chief secretary not to shift office record of Jammu region to civil secretariat, Srinagar, from Jammu and vice versa as was the practice of the high court.
The court directive came in a PIL filed by Panthers Party president and MLA Balwant Singh Mankotia. He had sought quashment of government order No 1183-GAD dated October 10, 2011, as regards the shifting of official record/material/files during durbar move.The division bench dismissed the PIL and dictated its order in the open Court.
A further direction was made to the chief secretary not to shift office record of Jammu division to civil secretariat, Srinagar, from Jammu and vice versa as had been the practice of J&K high court.It was submitted in the petition that Jammu & Kashmir state was founded by Dogra ruler, Maharaja Gulab Singh in 1846 under the Amritsar Treaty.
In 1872, Maharaja Ranbir Singh decided to hold durbar at Srinagar during summer for six months and during winter at Jammu for the remaining six months.
The decision was in the interest of the people of two the provinces.
On October 26, 1947, Maharaja Hari Singh signed Instrument of Accession with Union of India which was accepted by the then governor general Lord Mount Batten on October 27, 1947. Thus J&K becomes an integral part of India. The practice of Durbar Move continued even after the establishment of democratic system in the state much to the disadvantage of the residents of the state.
It was further submitted that the state government with its whole civil secretariat moves to Jammu in winters whereas people are left to suffer in the valley and Ladakh without any accessibility to the secretariat. Similarly during summer, the secretariat moves to Srinagar leaving the residents of Jammu province to suffer without any accessibility to the secretariat. As buildings of secretariat are in working condition both at Jammu and Srinagar, offices can be made functional during the whole year.
It was mentioned in the PIL that the state high court had already provided a workable model in this respect. The case files pertaining to Kashmir and Jammu province are maintained and heard at Srinagar and Jammu wings of the high court. Only judges move from one to the other wing.
The practice of Durbar Move involves about Rs 300 cr expenditure every year. This public money can be saved and spent for better use. For this year's Durbar Move, the government has issued order No 1183-GAD dated October 10, 2011. The petitioner sought quashment of this said order.
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