*Govt sleeping over framing of rules since 2001
Mohinder Verma
JAMMU, July 7: In a major development, the State Vigilance Organization has established that several appointments were made in the Jammu and Kashmir Assembly Secretariat by five former Speakers without following the due procedure of law. Moreover, the highest anti-corruption body has brought to the fore that successive Governments ignored the draft Recruitment Rules submitted by the Assembly Secretariat during the past 14 years and this led to following of precedence while making appointments which otherwise is against the principles of natural justice.
The Vigilance Organization has held two former Speakers belonging to National Conference —- Mohd Akbar Lone and Mubarak Gul (presently sitting MLAs) and one belonging to Congress Tara Chand guilty of making 37 ‘illegal appointments’, which have been challenged in the ongoing Public Interest Litigation (PIL) titled Prof S K Bhalla Versus State of Jammu and Kashmir and Others.
Moreover, during the course of investigation, the Vigilance Organization came to know that two more former Speakers namely Mirza Abdul Rashid and Mangat Ram Sharma had also made several appointments during their tenure without vacancies generally becomes available only in Class-IV establishment of Assembly Secretariat and MLAs hostels and such vacancies were filled by former Speakers and those Speakers in question as a matter of presidence in absence of any particular mode of recruitment mentioned in the rules.
It has also come to the fore that former Speakers Mirza Abdul Rashid and Mangat Ram Sharma had even made appointments against the newly created posts of junior assistants, the assistant sub-inspectors, supervisors and the assistant supervisors on the same criteria. “As far as 37 appointments are concerned, these were made during the tenure of Mohammad Akbar Lone, Tara Chand and Mubarak Gul”, the Vigilance report said.
Out of these, 28 appointments were made by Mohammad Akbar Lone, five by Tara Chand and 4 by Mubarak Gul, the report said while mentioning that no advertisement/notification regarding 37 posts was issued by the Assembly Secretariat for proper recruitment/selection process.
It has also come to the fore that Assembly Secretariat had in the year 2001 forwarded a proposal in respect of finalization of draft Recruitment Rules to the Government and thereafter numerous reminders were sent to the Government but till date nothing has been done.
According to the Deputy Secretary, Assembly Secretariat, it is only due to this that Speakers adopted the precedence while making appointments.
“From the records received from the Assembly Secretariat, it is clear that due procedure of law has not been followed in making such appointments and only following the due procedure of law, which deprived the opportunity of employment to many deserving candidates.
It is pertinent to mention here that State Vigilance Organization had earlier filed closure report in the 37 illegal and backdoor appointments in the Legislative Assembly Secretariat but the same was rejected by the State High Court vide its order dated April 16, 2015 with the direction to the Vigilance Organization to reopen the case and conduct fresh investigation within a period of two months.
In the PIL titled Prof S K Bhalla Versus State of Jammu and Kashmir and Others, it was brought to the notice of High Court that the State Cabinet vide Decision No. 197/14 dated 23-10-2007 had approved the proposal of Legislative Assembly Secretariat for the creation of 37 posts of different categories for Assembly Secretariat and two MLA hostels at Jammu and Srinagar. The creation of posts was sought on the ground that the staff strength at that time was not sufficient and proportionate to the ever-increasing work load.
These posts were required to be filled up by following the laid down procedure but undue benefit was given to ‘blue eyed’ persons on ‘extraneous’ considerations and all the posts were filled up in a manner unknown to the settled practice and rules of recruitment.
During the fresh investigation carried out in compliance to the High Court order dated April 16, 2015, the State Vigilance Organization was told by the Deputy Secretary, Legislative Assembly Secretariat that no advertisement was issued in respect of 37 appointments challenged in the PIL. The Deputy Secretary even conveyed that the precedences were relied upon”, the Vigilance Organization said in the report, adding “the precedence cannot make rules. The competence of an appointing authority doesn’t mean going against the principles of natural justice, as equal opportunity is to be provided to everyone which is constitutional and fundamental right guaranteed to all the citizens in the matters of employment to any office of the State”.
“There should have been proper advertisement by way of inviting applications giving opportunities to all eligible candidates for these posts and a due and proper selection process should have been followed in making such appointments which has not been done in the appointments under challenge”, the report further said.
Finally, the Vigilance has suggested that Government ought to have framed proper rules/selection process and a selection agency for such recruitments in Assembly Secretariat ought to have been put in place for proper selection.
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