*Provisions aimed at checking corruption remain unimplemented
MHA understands importance of mechanism not J&K Govt
Mohinder Verma
JAMMU, Jan 9: Despite the fact that Urban Local Bodies and Panchayati Raj Institutions are prone to the corrupt practices especially when whopping funds are being provided by the Union Government, there is absolutely no focus on the appointment of Ombudsman for the both even after relaxation in the eligibility criteria by the Union Ministry of Home Affairs.
The Legislature of the then State of Jammu and Kashmir had enacted the Municipal Ombudsman Act in the year 2010 in order to establish the mechanism for the purpose of investigating charges of corruption or maladministration in the Urban Local Bodies. Similarly, J&K Ombudsman for Panchayats Act was enacted in the year 2014 with the same objective.
Both these Acts were amended by the Union Ministry of Home Affairs early last year through Jammu and Kashmir Reorganization (Adaptation of State Laws) Order dated March 31, 2020. The main objective behind the amendments was to relax the eligibility criteria for the appointment of Ombudsman for the Urban Local Bodies (ULBs) and Panchayati Raj Institutions (PRIs).
The eligibility criteria for the appointment of two Ombudsman was relaxed in view of the difficulties being faced by the administration of Union Territory of Jammu and Kashmir in filling up of these posts, which have been entrusted with the responsibility of ensuring utmost transparency and accountability in the functioning of the ULBs and PRIs.
However, even several months after the amendments in the laws the Government of Union Territory of Jammu and Kashmir has not paid serious attention towards putting in place the mechanism, which otherwise is required to ensure utmost transparency and accountability in utilization of whopping funds being given to the Urban Local Bodies and Panchayati Raj Institutions by the Union Government, official sources told EXCELSIOR.
Earlier, there was provision that a person shall not be qualified to be appointed as Ombudsman unless he has been a Judge of the High Court or eligible to be promoted as Judge of the High Court.
However, this provision was amended by the Ministry of Home Affairs and it was mentioned that a Judge of the High Court or is eligible to be appointed as Judge of the High Court as well as the person who has held the post of Commissioner or Secretary to the Government or equivalent rank is eligible for the post of Municipal Ombudsman.
“The possibility of Government facing difficulty under the un-amended law in making appointment of Municipal Ombudsman due to limited options cannot be ruled out but inordinate delay after amendments is not justified as there are large number of persons who have retired as Commissioner or Secretary to the Government or equivalent rank and meet the criteria fixed by the Ministry of Home Affairs”, sources said.
Since there were similar amendments in the Jammu and Kashmir Ombudsman for Panchayats Act there should not have been delay in making appointment for the Panchayati Raj Institutions, sources further said.
Earlier, there was provision as per which the Ombudsman was to be appointed after the Chief Minister tenders advise to the Governor in consultation with the Chairman of the Legislative Council, the Speaker of the Legislative Assembly and the leader of the Opposition in the Legislative Assembly.
However, it was made clear by the Ministry of Home Affairs that during the continuation of Proclamation issued under Section 73 of the Jammu and Kashmir Reorganization Act, 2019, the Ombudsman shall be appointed by the Lieutenant Governor on the recommendation of the committee consisting of Advisors (one of whom shall be nominated by the Lieutenant Governor, who shall be the Chairperson of the Committee) and Chief Secretary as Member-Secretary of the Committee.
“How would the Government of Union Territory of Jammu and Kashmir justify the delay after so much of relaxations given by the Ministry of Home Affairs particularly when ULBs are functioning since 2018 and all the three tiers of the Panchayati Raj System have been put in place”, sources asked, adding “all this clearly indicates that MHA understands the importance of the Ombudsman for ULBs and PRIs but not the Government of J&K UT”.
It is pertinent to mention here that the objective behind appointment of one each Ombudsman for Urban Local Bodies and PRIs is to ensure timely investigation into charges of corruption and maladministration in these grass root level democratic institutions.
The Ombudsman, for the purpose of investigation, shall have the powers as are vested in the Civil Court while trying a suit under the Code of Civil Procedure in respect of summoning and enforcing the attendance of any witness and examining him; requiring the discovery and production of any document, receiving evidence on affidavits and requisitioning public records from any court or office.
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