Compounding miseries of the Chief Minister, mired in various other controversies, the two-member panel of the commission headed by Justice YP Nargotra in its lengthy order on Friday observed, "The posts of adviser and political adviser to the Chief Minister have not been shown to be the creation of any statute or the constitution of Jammu and Kashmir".
The State Government had appointed Devinder Singh Rana (Political adviser to the CM) on January 9, 2009 and Mubarak Gul (adviser to the CM) on 14 July 2009 as per the instructions of the Chief Minister. Interestingly, Gul enjoyed the status of Cabinet rank and while Rana enjoyed the status of Minister of State.
The commission also questioned the appointment of chairperson and vice chairpersons of various boards and corporations in the State and the grant of Minister of State status to politicians heading them.
Acting on 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, the two-member commission observed that, "No person unless appointed in accordance with law under the State can legally be entitled to deal with the affairs of the State and the payment of any remuneration. Therefore, any appointment made and any remuneration paid without authority of law by the Government would be nothing but a political favour at the cost of public exchequer."
The commission also noted in its order that the executive power of the State is vested in the Governor to be exercised by him directly or through a person or authority as he may direct. No order issued by the Governor delegating any such power in favour of the Government or any authority has been brought to our notice as yet".
Issuing notices to the Chief Minister, his advisors and vice chairmen and chairpersons of various advisory boards, the commission has directed them to appear in person or through their counsel for filling statement of defence on March 5, 2012.
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