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Appointing Khoda a tough call for Governor
6/3/2012 12:41:58 AM
early Times Report
Jammu, Jun 2: The appointment of ex-DGP Kuldeep Khoda as the first CVC of the State will be a tough call for the Governor, who is yet to receive official communication in this regard.
The recent controversy over his nomination, especially after the rejection of his candidature by PDP will make it difficult for the Governor to toe official line and just put stamp on the government's recommendation.
The Supreme Court in the recent judgment had made it clear that Governor or President is not bound to act on the official communication with regard to the appointment of Lokayukta and Chief Vigilance Commissioner.
The Governor would have to weigh his decision in the light of Supreme Court's decision while striking down the appointment of Central Vigilance Commission PJ Thomas. The court while striking down the appointment of Thomas had said that the committee's recommendation on appointment of Thomas "does not exist in law".
The BJP, like PDP, had in this case objected to his appointment.
The Ex-DGP also faces serious allegations of misuse of official power. Apart from the allegations leveled by the opposition party, there are serious allegations that Khoda had made direct recruitment in the police in violation of the law and normal set of procedure.
It has been alleged that there was no notification prior to the recruitment, which is must for any official recruitment. The other serious allegation is that the ex-DGP made recruitments in the areas picked up by the government and he obliged them.
The recruitment process was even criticized by the opposition. The opposition had even alleged that he deliberately flew with CM to make recruitments in far off areas, to galavanise public support in favour of the government, which was then facing tough time.

The Governor being head of the State, in discharging his constitutional duties, can't look away these allegations as the person heading organization supposed to work against corruption should have clean, impeccable record of honesty and integrity.
The allegations by PDP, and police recruitment in violations of law, are serious enough to raise eye brows in public perception and could have affect on the image this important constitutional post.
The Governor would also have to appear apolitical and neutral in this process and can't just brush off the perception of principal opposition party.
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