Mohinder Verma
JAMMU, Apr 12: As there is no end to the different interpretations of the law governing the appointment of Ombudsman for the Urban Local Bodies, the Law Department has sent a detailed clarification to the Housing and Urban Development Department whereby it has rubbished the claims of the former and made it clear that the 7-member panel was within the eligibility criteria.
Official sources told EXCELSIOR that in response to the recent communication of Housing and Urban Development Department mentioning that the panels for Ombudsman never met the laid down criteria, the Law Department has sent a detailed clarification in an attempt to help the Housing and Urban Development Department to have clear interpretation of the law.
“While clearing the doubts of the Housing and Urban Development Department, the Law Department has conveyed that the seven-member panel already submitted to the former fully meets the eligibility criteria laid down under the Jammu and Kashmir Municipal Ombudsman Act, 2010”, sources said.
The latest panel recommended by the Law Department to the Housing and Urban Development Department is 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.
The laid down criteria states that Governor shall, on the advice of the Chief Minister, appoint a person as Ombudsman who has been a Judge of the High Court or is eligible to be appointed as Judge of the High Court.
While Housing and Urban Development Department was of the opinion that retired District Judges are not eligible for the post of Ombudsman, the Law Department has communicated that they were eligible for appointment as Judge of the High Court prior to their retirement and moreover many Commissions in the State have retired Judges as their heads or members.
“The Law Department has also clarified that the advocates whose names have been recommended have 10 years of experience, which makes them eligible to be appointed as Judge of the High Court”, sources said.
“Similarly, the Housing and Urban Development Department is of the view that the earlier panel comprising three former Judges of the High Court was not considered because all had already crossed the age of 67 years but the Law Department has clarified that Act states that Ombudsman shall not hold office after attaining the age of 70 years”, sources said.
Sources further said, “notwithstanding the different interpretations the harsh reality is that ever since the enactment of law in September 2010 Government has failed to make appointment of Ombudsman”.
“In this way bringing transparency and accountability in the functioning of the Urban Local Bodies, which was the primary objective behind enactment of legislation, could not be achieved till date and whether the same would become reality also remains a million dollar question due to tossing of file between the two departments till date”, sources regretted.
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