*File returned to Law Deptt for 2nd time in 20 months
Mohinde Verma
JAMMU, June 13: The Housing and Urban Development Department headed by the Deputy Chief Minister, Tara Chand seems to be least interested in checking mal-administration and corruption in the Urban Local Government Institutions as it has failed to arrive at any conclusion about appointment of Ombudsman even 20 months after enactment of the Act.
In the latest development, the Department has returned the file to the Law Department for the second time with the plea that it was interested in broad-basing the selection process which otherwise has very limited scope keeping in view the provisions of the Jammu and Kashmir Municipal Ombudsman Act, 2010.
The law pertaining to the independent Ombudsman, which was also one of the recommendations of the 13th Finance Commission, was passed by the State Legislature in September 2010 and accordingly published in the Government Gazette on October 23, 2010. However, for some months the Housing and Urban Development Department didn’t show any interest in making further progress vis-à-vis appointment of Ombudsman.
Later, ‘good sense’ prevailed and Housing and Urban Development Department officers 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 the month of September last year, the Law Department recommended the name of Justice (retd) B A Kirmani for the post of Ombudsman to the Housing and Urban Development Department, which has administrative control over the Municipal bodies. 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.
“Thereafter, the Housing and Urban Development Department sent the file back to Law Department for suggesting fresh panel of retired Judges of the State High Court for the post of Ombudsman”, official sources said.
Few months back, the Law Department recommended a panel of four persons to the Housing and Urban Development Department for the post of Ombudsman. The panel comprised of three former Judges of the High Court—Muzaffar Jan, B L Bhat and S K Gupta and Senior Advocate Sharief-ud-Din.
“But, instead of selecting any one from this panel, the Housing and Urban Development Department again returned the file to the Law Department two days back on the ground that it was interested in broad-basing the selection process”, sources said, adding “the failure of the Housing and Urban Development Department to take decision on this vital issue during the past nearly 20 months puts a question mark on its seriousness to get the Ombudsman appointed for transparency in the functioning of the Urban Local Bodies”.
“The Housing and Urban Development Department is insisting on broad-basing the selection process despite the fact that there is very limited scope for the same in view of the provisions of the Act”, sources said while disclosing that as per the Act, the Governor shall, on the advice of Chief Minister, appoint a person as Ombudsman provided that a person shall not be qualified to be appointed as Ombudsman unless he has been a Judge of a High Court or is eligible to be appointed as Judge of the High Court.
“With the latest development, the objective to check corruption or mal-administration in the Urban Local Government Institutions is unlikely to be realized in near future”, sources said, adding “the inordinate delay in the appointment of Ombudsman has also put a question mark on the seriousness of the Government more so the Deputy Chief Minister in bringing transparency and accountability in the functioning of the urban local bodies”.
This response is notwithstanding the serious allegations leveled by the main Opposition People’s Democratic Party (PDP) during the previous Budget Session of the State Legislature. The Opposition had alleged that several illegal appointments had been made in several Municipalities of the State.
It is pertinent to mention here that Mayor or President, Councilor, Corporator, Ward Member, officer or employee of the Municipality or an officer or employee of any office or institution transferred to the Municipality comes under the purview of Ombudsman.
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