Excelsior Correspondent
Srinagar, Sept 8: The High Court today came down heavily on Government for not framing the recruitment rules for Gazetted and Non-Gazetted employees of Forest Department and granted further time for notifying these rules.
Court rapped the authorities for over 2 year delay in implementing the directions of the court. Court during the proceedings questioned the State Counsel as who has to do this exercise. It has been submitted that the file is with Chief Minister, court said then contempt notice be issued to CM as nobody is above law.
“We are not bothered with whom the file is. We are concerned with implementation of court directions. Then court also pointed how it has directly came to CM when it has to be processed by GAD, you want us to send somebody to jail”, Court observed to advocate Dar.
Advocate Dar assured the Court that virtually all the formalities have been completed and now only the notification of the rules remains to be done. He has assured the court that the J&K Forest Protection (Non-Gazetted) Rules and similar Gazetted rules shall be notified within 15 days and 4 weeks respectively.
“List after four weeks to report compliance”, Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey said.
It is mentioned that Advocate General had earlier submitted that three months time be granted to frame the rules and to effect promotions and after his statement the appeal was disposed of granting three months time to the official respondents for framing of the rules holding when basic direction was passed.
Commissioner /Secretary Forest in October 2016 submitted that for finalizing the rules, two months time is required, which the Court granted. Thereafter on May 2017 court made it clear that it would be
the last opportunity that is granted to the respondents for framing and notifying the rules with the period of three months then on the next date of hearing then Commissioner Secretary Forest shall remain
personally present in the court.
Government Business Rules provide proposal for making or amending of the rules regulating the recruitment and conditions of services of the members of State services including of those persons appointed to the secretariat staff of legislatures and officers and servants of High Court shall be submitted to the CM through CS before issuance of orders.
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