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A question mark  on Working of Public Service Commission in J&K


Cinosural International An Elementry School Jammu

A question mark  on Working of Public Service Commission in J&K

JAMMU, Feb 27: Public service Commission is a very prestigious Commission but in some cases it is a problem creator as well. Lot of DPCs are withheld for unknown reasons by the big bosses of the Commission.

In one case of DPC by the PSC an innocent has been harassed by the Commission by this way or the other since long without his fault.Officer’s case was deferred by PSC in the year 2005 with the observations that LPA is pending against the officer. It is pertinent to mention here that during discussions it has been observed that “There are no active court direction in preventing promotions”. Despite that his case of promotion was deferred. The said officer so many times informed the officers of PSC that the said “LPA 185/01 & 453/01 WERE PENDING AGAINEST ALL THE OFFICERS IN WHOSE FAVOUR GRADE HAS BEEN RELEASED” is a matter of concern to enquire to detect the scam.

 It is pertinent to mention here that the said LPA’s were decided by the HHC on 11.09.2013 but a matter of enquiry that then how the higher grade of SE/Xen were released in favour of his colleagues in 2005 & 2008 if the LPA’s were pending till 11.09.2013.

Story did not finished here HHC passed an order dated 09.03.2015 in SWP 1674/2013 to consider the case of applicant with in a period of 6 weeks as prayed in the writ petition. Big bosses did not bother. Contempt 158/15 was filed by the officer for non compliance of Court order. In order dated 09.05.2015 HHC ordered the respondents to file the compliance report within two weeks but not bothered. In order dated 03.07.2015 HHC ordered for personal appearance of Secretary, PSC but till date the big bosses did not bother for the Court orders is a matter of great concern to be looked into by the Governor.

It is pertinent to mention here that Recruitment Rules of REW were framed in the year 2003 vide G.O.NO 125 RD OF 2003 dated 25.06.2001 in compliance to cabinet decision NO.111/18 dated 23.06.2003 but the grade of the officer was to be released w.e.f.2/1996 in which PSC should have no role because it is a clear preposition of law that “RULES ACTS PROSPECTIVELY”. Administrative instructions should have been issued by the department to fill in the gaps as per the Hon’ble Supreme Court ruling for which the officer represented the officers so many times. The officers of RDD also not bothered for Hon’ble Supreme Court Orders to comply the directions passed in so many judgments that “Rules will have prospective effect” not the retrospective effect as the Recruitment Rules came in operation in REW in the year6/2003. It clarifies that it will be enforced from 6/2003 not prior to that but who bothers. It is pertinent to mention here that RDD had released the grade of higher posts without PSC prior to 6/2003, as there were no recruitment rules but different view in the said case is clear violation of Art.14, 16 of Constitution of India.

It has been reported that till date PSC is sitting on the file of the officer despite all clearance they have received as per the last DPC meeting. Last clearance they sought from Law department, which was issued by Law Department but now delay by the officers of PSC is a matter of enquiry to save the innocent officer from the clutches of such intelligent & competent officers of PSC as putting new conditions every time in violation of Hon’ble Supreme Court of India’s orders.Article 20 Constitution of India clearly speaks that double jeopardy is not permissible but this proves that the officers of state are supreme to Hon’ble Apex Court.

 

 


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