Srinagar, May 4 Jammu and Kashmir Lt Governor Manoj Sinha has returned the transaction of business rules (TBR) file to Chief Minister Omar Abdullah after finding it "in contravention of the Reorganisation Act 2019".
Sources said here that the file was sent to the L-G for approval in March, but was returned. The L-G has asked the elected government whether the TBR sent for approval were framed by following the necessary procedure since the same have to be in consonance with the Reorganisation Act 2019.
“The file was received back from the Raj Bhawan without approval a few days back,” official sources said.
After being framed, the TBR were passed by the Jammu and Kashmir cabinet and then sent to the Raj Bhawan, sources added.
Senior advocate Rohinton Fali Nariman was part of the committee formed by the J&K government to frame the TBR.
The TBR proposes that all postings and transfers, including those of IAS officers, must be approved by the J&K Cabinet.
“The Hon’ble Lt Governor has returned the file as the proposals are in contravention of the Reorganisation Act passed by the Parliament. No administrative procedure or rule formed by the state or Union government can frame rules of procedure that are contrary to an Act passed by the Parliament," the sources said.
Section 53 of the J&K Reorganisation Act clearly states that the Lt Governor 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 the Legislative Assembly or relate to the 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 since no rules can go beyond the written word of an Act of Parliament,” said the sources.
The Omar Abdullah-led government has been complaining about the posting of IAS officers at the helm of many government departments in the union territory.
Police, law and order, anti-corruption bureau, fire services and prisons, in addition to the appointment of the advocate general, come under the powers of the Lt Governor.
“The TBR sent for approval had proposed to bring the postings and transfers of deputy commissioners and executive magistrates, directly connected with law and order, also within the powers of the elected government, which is clearly in contravention of the provisions of the Reorganisation Act,” the sources said.
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