LG Sihna rejects cabinet approved proposal of J&K transaction of business rules, sends file back to CM Omar: Report

“The TBR seem to claim powers associated with statehood even without statehood.”

STC NEWS MONITORING DESK
NEW DELHI, MAY 04 (STC): J&K LG Manoj Sinha has not approved the proposed J&K transaction of business rules (TBR), sent by the Omar Abdullah govt in early March for his approval, reports Times of India (ToI).
The TBR, which seek to offer clarity on how the secretariat and other govt offices in J&K shall function, were drafted by a high-level committee comprising senior lawyer Rohinton Nariman.
Quoting sources the report says the file was sent back a couple of days ago, almost two months after it was first submitted for LG’s approval after being cleared by the J&K cabinet.
The file was returned as TBR were found by the LG’s office to be contrary to provisions of the J&K Reorganisation Act. Notably, the TBR had proposed that all postings and transfers, including of IAS officers, must be approved by the J&K Cabinet.
However, Section 53 of the J&K Reorganisation Act clearly states that LG 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 legislative assembly or relate to 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…. no rules can go beyond the written word in an act of Parliament,” says the ToI report quoting an officer.
(STC)