New Delhi: J&K LG Manoj Sinha has returned the file relating to the proposed J&K transaction of business rules (TBR), sent by the Omar Abdullah govt in early March for his approval, asking the latter to clarify if the necessary procedures were followed while framing the rules.
Sources in the elected J&K govt told TOI that the file was sent back a couple of days ago, almost two months after it was first submitted for LG's approval after being cleared by the J&K cabinet.
The TBR, which seek to offer clarity on how the secretariat and other govt offices in J&K shall function, were drafted by a high-level committee comprising senior lawyer Rohinton Nariman.
A senior functionary told TOI that the file was returned as TBR were found by the LG's office to be contrary to provisions of the J&K Reorganisation Act . The TBR propose that all postings and transfers, including of IAS officers, must be approved by the J&K Cabinet. However, Section 53 of the J&K Reorganisation Act clearly states that LG shall, in exercise of his functions, act in his discretion in matters related to All India Services and Anti Corruption Bureau, besides matters that fall outside the powers of legislative assembly or relate to exercise of any judicial functions.
"The TBR seem to claim powers associated with statehood even without statehood. Provisions of the J&K Reorganisation Act have been misinterpreted.... no rules can go beyond the written word in an act of Parliament," said an officer.
The Abdullah govt has been complaining about the posting of IAS officers at the helm of many govt departments in J&K, which earlier were occupied or earmarked for Jammu & Kashmir Administrative Service (JKAS) officers. Only on April 29, the Abdullah govt had issued transfer orders of 96 JKAS officers.
Sources in the elected J&K govt told TOI that the file was sent back a couple of days ago, almost two months after it was first submitted for LG's approval after being cleared by the J&K cabinet.
The TBR, which seek to offer clarity on how the secretariat and other govt offices in J&K shall function, were drafted by a high-level committee comprising senior lawyer Rohinton Nariman.
A senior functionary told TOI that the file was returned as TBR were found by the LG's office to be contrary to provisions of the J&K Reorganisation Act . The TBR propose that all postings and transfers, including of IAS officers, must be approved by the J&K Cabinet. However, Section 53 of the J&K Reorganisation Act clearly states that LG shall, in exercise of his functions, act in his discretion in matters related to All India Services and Anti Corruption Bureau, besides matters that fall outside the powers of legislative assembly or relate to exercise of any judicial functions.
"The TBR seem to claim powers associated with statehood even without statehood. Provisions of the J&K Reorganisation Act have been misinterpreted.... no rules can go beyond the written word in an act of Parliament," said an officer.
The Abdullah govt has been complaining about the posting of IAS officers at the helm of many govt departments in J&K, which earlier were occupied or earmarked for Jammu & Kashmir Administrative Service (JKAS) officers. Only on April 29, the Abdullah govt had issued transfer orders of 96 JKAS officers.
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