J&K: Notice issued to Omar Abdullah over advisor appointments

Srinagar: The State Accountability Commission (SAC) has served notices to Jammu and Kashmir Chief Minister Omar Abdullah and others in a case challenging the appointment of several of his advisors. They have been asked to file a response by the March 5.

The SAC probe found that many persons were made Cabinet Ministers or Ministers of the State even though they were not entitled to it. The General Administration Department has revealed that advisors such as MLA Mubarak Gul were appointed as per the desire of the Chief Minister.

Terming the appointment of advisors, chairpersons and vice chairmen by the government as "political favouritism", the SAC directed registration of a complaint for inquiry against them.

The two-member panel of SAC headed by Justice Y P Nargotra passed the order for registration of the complaint for the inquiry and issued notices to Chief Minister, Advisor Mubarak Gul, Political Advisor Devinder Rana, Vice Chairmen- Mushtaq Shah, Bashir Naz, Rashpal Singh, Kuldeep Verma, Vice Chairperson Swarn Lata and Chairpersons- Shameema Firdous and Khem Lata Wakhloo.

The SAC issued notices to them to appear in person or through authorised representatives for filing their replies before it on March 5.

It also asked them to showcause why interim recommendations should not be made against them to the competent authority.

The SAC said that in making these appointments, neither any statute of legislature nor order of the Governor whereby government has been specifically authorised to appoint Advisors to the Chief Minister and conferment upon them the constitutional status of ministers and Minister of States (MOSs) and enjoying amenities has been brought to its notice by the government.

"No person appointed in accordance with law under the state can be legally entitled to deal with the affairs of the state and payment of any remuneration," Justice Nargotra and Justice Hakeem Imtiyaz Hussain said.

The commission further said that any appointment made and any renumeration paid without authority of law by the government would be nothing but a political favour at the cost of the public exchequer.

These observations were made by the commission in reference to a complaint filed by Wali Mohammad Rather against chairperson of Jammu and Kashmir Social Welfare Board Khem Lata Wakhloo that she was enjoying constitutional post of minister of state along with salary, perks and other amenities without any constitutional legality.

Prima facie in the present case the appointment of Mubarak Gul and Devinder Singh Rana as Advisor and Political Advisor respectively to the Chief Minister with the status of a cabinet minister and minister of state, and their entitlement to the amenities attached to the office of a cabinet minister and minister of state appear to be without any authority of law, the commission observed.

As regards the Chairpersons and Vice Chairpersons upon whom the status of minister of state has been conferred and made entitled to all the amenities available to a minister of state, the action of the government for identical reasons appears to be without the authority of law, it noted.

The posts which are statutory in nature can carry the salary, perks and amenities which are determined in the manner prescribed by the statute itself, whereas the non-statutory posts carry the salary, perks and amenities as may be determined by the Governor of the state or by the authority to whom such power has been delegated by him.

Withdrawal of a pay and salary without valid authority of law amounts to misappropriation of government money, they said.

From the inaction of the government, prima facie it also appears to be a case of political favouritism, they said.

(With additional information from PTI)

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