Excelsior Correspondent
SRINAGAR, Nov 22: High Court today directed the General Administration Department to file affidavit indicating the steps taken for ensuring constitution of Public Service Commission.
The direction was passed in a petition titled Abid Nazir Versus Mohammad Afzal and Others. The basic issue in the petition was pertaining to promotion of an officer of the Forest Department for which Departmental Promotion Committee and PSC clearance was required.
Advocate Azhar-ul-Amin, counsel for the Public Service Commission submitted that as per the scheme provided under the Constitution of Jammu and Kashmir, every gazetted post is to be filled up on recommendation of Public Service Commission/clearance from Departmental Promotion Committee.
“However, at present there is no Commission existing as all the members and the Chairman have demitted office on completion of term of office”, he said, adding “the case of the petitioner cannot be cleared as there is no Commission existing at present”.
On behalf of Forest Department it was submitted that the case of the petitioner was forwarded to PSC for clearance and Forest Department had no other formality to be completed in this behalf.
On this, Justice Ali Mohammad Magrey observed, “in the given circumstances and in order to ensure implementation of the judgment in its letter and spirit, it shall be appropriate to ask Secretary, General Administration Department to file affidavit indicating the steps taken for ensuring constitution of Commission in terms of Section 133 of the Constitution of J&K so as to see that the object for constitution of Commission in terms of the provisions of the State Constitution is not defeated”.
“The Secretary GAD shall also indicate, in the affidavit, as to within how much time the process of filling up of these positions shall be completed and the reasons for non-filling up of these positions till date”, Justice Magrey further directed.
Follow our WhatsApp channel