DB directs State to specify date for notifying draft rules

Excelsior Correspondent

JAMMU, Mar 4: In the much publicized Public Interest Litigation (PIL) highlighting inadequate staff and infrastructure in State Accountability Commission, State Information Commission and State Vigilance Commission, Division Bench comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today directed the State to specify the date for notifying draft rules.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioners Sheikh Mohd Shafi and Prof SK Bhalla invited the attention of the DB to the status report filed by the State Accountability Commission wherein it has been stated that the State Government doesn’t seem to be serious in providing staff to the Commission and moreover the Investigation Wing has also not been provided to the Commission for conducting enquiries into the complaints of corruption.
It was also mentioned in the status report filed by General Administration Department that Department of Law, Justice & Parliamentary Affairs has already taken-up the matter with Home Department with regard to the providing of investigating wing to the SAC vide communication dated September 21, 2011 followed by reminders dated September 28, 2012, May 3, 2013 and latest by February 18, 2014.
After going through both the status reports, the Division Bench expressed its displeasure over non-providing of the staff and investigating wing to the SAC by the State Government. At this stage the matter was directed to be taken-up immediately after second half. In second half, Senior Additional Advocate General Gagan Basotra produced a copy of the draft rules providing mode and method for filling various Gazetted/ Non-Gazetted posts for SAC.
After examining the draft rules in the open court, the DB put a query to Senior Additional Advocate General Gagan Basotra as to how much time the Law Department requires to notify the rules and to make appointments under the rules.
Upon this, Senior AAG submitted that the draft rules have to be sent to the Chief Secretary in-coordination and thereafter the matter has to be placed in the next Cabinet. However, Division Bench insisted for a specific time for this entire exercise for which the Senior AAG sought a short adjournment to seek instructions from the State Government so as to apprise the Division Bench about the time needed to notify the rules.
Upon this, Division Bench deferred the hearing of the PIL for day after tomorrow.