Mohinder Verma
JAMMU, Nov 15: Notwithstanding the fact that mal-administration and lack of transparency is at its highest level in the Urban Local Bodies (ULBs), the Housing and Urban Development Department headed by Deputy Chief Minister, Tara Chand doesn’t find it appropriate to appoint Ombudsman even more than two years after the enactment of Jammu and Kashmir Municipal Ombudsman Act. Since October 25, 2010 the file in this regard never reached the Chief Minister, Omar Abdullah and is still shuttling between Law and Housing and Urban Development Departments. In the latest most surprising development, the latter has written to the former seeking bio-data of five Retired Judges and two Advocates, whose names were recently recommended for the post.
Given the response of the Housing and Urban Development Department towards implementation of this one of the most important legislations, which was also one of the recommendations of 13th Finance Commission, even the Law, Justice and Parliamentary Affairs Department is not sure whether this legislation would be implemented during the present regime.
Official sources told EXCELSIOR that instead of short-listing some names from the broad-based seven-member latest panel submitted by the Law Department in the recent past and forwarding the file to the Chief Minister, Deputy Chief Minister’s Housing and Urban Development Department adopted vague stand on the appointment of Ombudsman for the Urban Local Bodies.
“The Housing and Urban Development Department has written to the Law Department seeking the bio-data of all the seven members recommended for the post of Ombudsman”, sources informed.
The panel, which was recently sent to Housing and Urban Development Department, comprised of five Retired District and Sessions Judges namely D C Sagotra, J K Pandita, Mohd Nazir Fida, Sheikh Altaf Hussain and Gaussunisa and two Advocates namely Syed Mohd Sharief Geelani and Shamima.
“Seeking bio-data of retired District and Sessions Judges and Senior Advocates, who were otherwise eligible to be appointed as Judges of the High Court, is uncalled-for”, sources regretted, adding “the Law Department is also shocked over this step on the part of Housing and Urban Development Department. This unjustified response of the Department headed by none else than Deputy Chief Minister clearly indicates that there is not even little bit seriousness towards implementing the important legislation, which was enacted for the purpose of investigating charges of corruption and mal-administration in the Urban Local Bodies institutions in the State”.
In response to a question, sources said, “though the Law Department is surprised over the failure of Housing and Urban Development Department to arrive at any conclusion on this important issue yet it will accomplish its task and furnish the bio-data of all the seven members of the fresh panel very shortly despite the fact that it was not required at all”, adding “the dilly-dallying tactics on the part of Housing and Urban Development Department also indicates that even Deputy Chief Minister, Tara Chand is not interested in bringing an end to mal-administration and lack of transparency in the Urban Local Bodies, which are otherwise at highest level”.
“Keeping in view dilly-dallying tactics of the Housing and Urban Development Department towards the appointment of Ombudsman, Chief Minister, Omar Abdullah should intervene and immediately seeking panel from the Housing and Urban Development Department so that further exercise for implementation of Jammu and Kashmir Municipal Ombudsman Act, 2010 could begin”, sources stressed.
As per the laid down procedure, the Ombudsman is to be appointed by the Governor on the advise of the Chief Minister, who before approaching the Governor is required to consult the Chairman of the Legislative Council, Speaker of Legislative Assembly and the Leader of the Opposition.
It may be recalled that several months after the enactment of Jammu and Kashmir Municipal Ombudsman Act, 2010, the Housing and Urban Development Department wrote to the Law Department with the request to suggest name(s) of the retired Judge(s) of the State High Court for appointment as Ombudsman.
In September 2011, the Law Department recommended the name of Justice (retd) B A Kirmani for the post of Ombudsman. However, due to delay on the part of Housing and Urban Development Department in clearing Justice (retd) Kirmani’s name, the former Judge of the High Court was appointed as President of the J&K Consumer Disputes Redressal Commission on the proposal of the Consumer Affairs and Public Distribution Department.
Earlier this year, the Law Department again recommended a panel of four persons including three former Judges of the High Court and a Senior Advocate to the Housing and Urban Development Department for the post of Ombudsman. But, instead of selecting any one from this panel, the Housing and Urban Development Department again returned the file to the Law Department on the ground that it was interested in broad-basing the selection process.
In September 2012, the Law Department recommended a panel comprised of five Retired District and Sessions Judges and now Housing and Urban Development Department has sought the bio-data of all the panel members, which is also considered as a step to further delay the appointment of Ombudsman.
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