SC to hear SLP challenging suo-moto powers on Feb 28
Unable to entertain complaints being filed against Govt servants
Mohinder Verma
JAMMU, Jan 31: State Accountability Commission, which was constituted with much hype to curb corruption in the political and administrative spheres of the State, has been left with no work during the past nearly one year as on one side Supreme Court has stayed its suo-moto powers and on the other side people are not coming up with formal complaints against the public functionaries due to the fear of being victimized.
Moreover, the Commission is unable to entertain the complaints which are being filed against the Government servants as the powers in this regard have already been snatched by the Government by way of amendments in the Jammu and Kashmir State Accountability Commission Act.
Sources told EXCELSIOR that ever since the Supreme Court stayed the suo-moto powers of the Jammu and Kashmir State Accountability Commission in April last year while dealing with the Special Leave Petition (SLP) filed by the State Government, the Commission comprising of Chairperson and two Members has been left with no work.
Earlier, the Commission by exercising suo-moto powers was making efforts to tighten noose around the public functionaries involved in the corrupt practices but Apex Court’s interim order has put a full-stop on this process, sources said.
The Commission was using these powers as ever since its establishment very few people came up with the formal complaints against the public functionaries mainly due to the fear of being victimized by the latter.
“Since April last year neither any formal complaint against the public functionaries was filed before the Commission nor any suo-moto cognizance of the credible information or reports could be taken by it”, they said, adding “what to talk of Chairperson and Members of the Commission even the staff posted in the Commission from the Department of Law, Justice and Parliamentary Affairs and its different wings is virtually sitting idle during the past nearly one year”.
Though some formal complaints have been filed with the Commission against the Government servants but the same could not be entertained as powers in this regard were snatched from the Commission several years back by way of amendments in the Jammu and Kashmir State Accountability Commission Act.
“All such complaints are being rejected by the Commission as non-maintainable even if there is specific information of corruption and mal-administration against the Government servants”, sources said, adding “by carrying out amendments in the Act and later by repeatedly challenging the suo-moto powers the State Government has virtually questioned the existence of the Accountability Commission”.
When Governor’s Administration started giving indications about fighting the menace of corruption with tooth and nail people became hopeful of Accountability Commission getting due powers to achieve the objective behind its establishment. However, there was no change in the stance of the administration, which continued to pursue the Special Leave Petition (SPL) before the Apex Court challenging the suo-moto powers of the Commission.
The SLP was listed before the Supreme Court on January 15, 2019 but the same could not be taken up for hearing on the issue of service of notice to one of the respondents. The matter was referred to the Apex Court Registry, which has now listed the SLP for hearing on February 28, 2019, sources informed.
It is pertinent to mention here that the successive Governments and public functionaries remained uncomfortable with the Accountability Commission ever since its establishment. This can be gauged from the fact that earlier Government snatched powers to entertain complaints against Government servants and thereafter certain public functionaries challenged the suo-moto powers before the State High Court.
The Single Judge in its judgment delivered on January 4, 2013 mentioned that Accountability Commission doesn’t have powers to take suo-moto cognizance. However, the Division Bench of the High Court vide judgment dated February 1, 2016 held that the Commission has the powers to initiate suo-moto proceedings against the public functionaries.
The judgment of the Division Bench was challenged by the Government by filing SLP in November 17, 2017 which is still pending for disposal before the Apex Court.
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