Mohinder Verma
JAMMU, Sept 17: Putting the ball once again in the court of Housing and Urban Development Department, the Law, Justice and Parliamentary Affairs Department has forwarded a fresh 7-member panel for the post of Ombudsman for the Urban Local Bodies (ULBs). This is the third panel, which has been forwarded to the Housing and Urban Development Department during the past two years. The earlier two panels were rejected without any plausible reason.
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 headed by Deputy Chief Minister, Tara Chand, 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 another proposal.
“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.
Earlier this year, 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 in the month of June 2012 on the ground that it was interested in broad-basing the selection process, sources said.
Now, the Law Department has recommended seven-member fresh panel to the Housing and Urban Development Department. The panel 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.
In response to a question, sources said, “the Act says the Governor shall, on the advice of Chief Minister, appoint a person as Ombudsman for Urban Local Bodies provided that a person has been a Judge of the High Court or is eligible to be appointed as Judge of the High Court”, adding “as per the rules, District and Session Judge, who has minimum of 10 years service, can also be considered for appointment as Judge of the High Court”.
“All the fives retired Judges, whose names have been recommended for the post of Ombudsman, were also eligible to be considered for appointment as Judge of the High Court. Similarly, both the advocates are senior enough to be considered for appointment as Judge of the High Court as such they become eligible for the post of Ombudsman”, sources said.
Hoping that Housing and Urban Development Department would not drag its feet from appointing Ombudsman, sources said, “the appointment of Ombudsman is imperative for checking mal-administration and corruption in the Urban Local Government Institutions”.
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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