Srinagar, Nov 5: The non-existence of State Vigilance Commission (SVC) has made a mockery of the oft-repeated claims of State Government about rooting out corruption from the officialdom in Jammu and Kashmir. More than 282 cases of alleged corruption by officials including top bureaucrats - which were to be transferred to SVC - are gathering dust in State Accountability Commission (SAC). Despite the SAC ordering transfer of these cases to SVC, the same couldn’t be implemented due to non-existence of the latter.
Last year, Jammu and Kashmir Government framed the law to set up SVC to deal with the allegations of corruption against public servants. This restricted the mandate of SAC to investigate into allegations of corruption against public functionaries like chief minister, ministers, legislators, advisors to governor/chief minister and chairmen of statutory corporations/ autonomous bodies.
Besides, the amendments made in the Jammu and Kashmir Accountability Commission Act at the same time made it legally bound for the SAC to transfer complaints against public servants to SVC for final disposal.
“All complaints that are pending in the Accountability Commission against public servants in which the Commission has not recorded its findings or made recommendations to the competent authority on the date of commencement of the Jammu and Kashmir Accountability Commission (Amendment) Act, 2011, shall stand transferred to the State Vigilance Commission for being dealt with under the provisions of the Jammu and Kashmir State Vigilance Commission Act, 2011,” section 32 of the SAC (Amendment) Act reads.
Sources told Greater Kashmir that following the revival of SAC last year with the appointment of Justice (Retd) Yash Paul Nargotra as Chairperson and Justice (Retd) Hakim Imtiyaz Hussain as Member, the panel has passed orders, from time to time, to transfer 282 cases to non-existent SVC.
But till date not a single case could be actually transferred to SVC owing to its non-constitution.
“As many as 282 cases have been transferred to SVC in view of the statutory provisions made in section 32 of the SAC Act but since the said SVC has not been constituted so far, therefore the files are still lying with the Accountability Commission,” reads an official document.
An official, wishing anonymity, said that legal provision of transferring the cases to SVC before its constitution was not a right step as nobody is investigating into the complaints lodged against Government officials in SAC.
“Refraining SAC from taking action against bureaucrats and officials by amending the SAC Act was a blunder on part of the Government. At least they could have linked the transfer of the cases with the constitution of SVC,” he said.
The setting up of SVC is hanging in balance with Governor N N Vohra returning the Government recommendation of former Director General of Police Kuldeep Khoda as Chief Vigilance Commissioner.

Lastupdate on : Mon, 5 Nov 2012 21:30:00 Makkah time
Lastupdate on : Mon, 5 Nov 2012 18:30:00 GMT
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