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| After SIC, will J&K Govt allow SVC to go defunct? | | | Syed Junaid Hashmi
Early Times Report
JAMMU, Dec 21: After State Information Commission (SIC), indecisive state government is set to render another institution namely State Vigilance Commission (SVC) defunct.
The high profile commission is presently headed by ex-DGP Kuldeep Khoda as Chief Vigilance Commissioner (CVC), ex-Financial Commissioner (Revenue) Dr. R.K.Jeerath and retired Principal District and Sessions Judge Gous-ul-Nisa Jeelani as Vigilance Commissioners. The terms of both the CVC Kuldeep Khoda and Vigilance Commissioner (VC) Dr. Ashok Jeerath are coming to an end within next two months i.e. by February 2017.
The commission would be left with lone vigilance commissioner retired Principal District and Sessions Judge Gous-ul-Nisa Jeelani whose term would come to an end in August 2017. It needs to be mentioned here that Khoda had assumed office on February 22, 2013 alongwith Jeerath while the retired judge Gous-ul-Nisa Jeelani had joined them on August 16, 2013.
According to Section 5 of the Jammu and Kashmir State Vigilance Commission Act-2011, Subject to the provisions of sub-sections (3) and (4), the Chief Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier. Though Khoda will attain the age of 65 years in May 2017 but he will reach the age of superannuation in February 2017.
The government has the powers to extend his tenure till he attain the age of 65 years but it cannot reappoint him as Chief Vigilance Commissioner (CVC) since the act clearly states that whosoever holds the office for four years as CVC shall become ineligible for re-appointment. However, every vigilance commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he retires on attaining the age of superannuation, whichever is earlier.
However, every Vigilance Commissioner, on ceasing to hold the office, shall be eligible for appointment as the Chief Vigilance Commissioner (CVC) if he/she has not attained the age of 65 years. Not only this, the term of the Vigilance Commissioner, if appointed as the Chief Vigilance Commissioner (CVC) shall not be more than four years in aggregate as the Vigilance Commissioner and the Chief Vigilance Commissioner. The act thus makes it clear that none of the existing members could be elevated as CVC and if elevated, they would retire within months.
Given the fact that state government is yet to make SIC functional, SVC is likely to meet the same fate. Since the law and parliamentary ministry is working overnight for the upcoming budget session, it is highly unlikely to initiate process for the appointment of both CVC and vigilance commissioner of the SVC. The act clearly states that SVC and Vigilance Commissioners would be appointed by Governor by warrant under his hand and seal.
However, Governor would make the appointments after obtaining the recommendation of a Committee consisting of Chief Minister as Chairperson, a senior minister to be nominated by the Chief Minister as member, Minister of Law and Parliamentary Affairs as member and Leader of the Opposition in the State Legislative Assembly as member. The committee shall recommend a penal of three persons for each post to the Cabinet for appointment.
No appointment of Chief Vigilance Commissioner or a Vigilance Commissioner shall be invalid merely by reason of any vacancy in the committee. Thus the act empowers the state government to hold a meeting and recommend names to the cabinet for appointment and then, send the same to the Governor for appointment even if the leader of the opposition is not available or any other member of the committee is not around. But the state government is yet to take even basic steps for ensuring SVC remains functional even after the superannuation of SVC and VC.
This is despite the fact that state government has several officers of impeccable track record available with it. Act states that Chief Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons who have been or are in all India service or in any civil service of the state or in a civil post under the state having knowledge and experience in the matters relating to vigilance, law, finance, policy making and administration including police administration. |
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