Section 45: Is Appointment of JMC Commissioner Illegitimate?

Politicians, bureaucrats pick ‘yes-men’ against set rules, meritorious faces ‘unceremonious’ exit mid-way

K Koushal

It won’t be perhaps wrong to say that the appointment of incumbent Commissioner, Jammu Municipal Corporation (JMC) is ‘illegitimate’, as she does not fulfill the required eligibility prescribed under The Jammu and Kashmir Municipal Corporation Act, 2000 for the post.

Sub-section 1 of Section 45 of Act Supra in case of appointment of Commissioner reads, “The Government shall, by notification, in the Government Gazette, appoint a Class-I Officer of the Government having a service of not less than fifteen years, as the Commissioner of the Corporation”.

“If you go through section 45 (1) of The Jammu and Kashmir Municipal Corporation Act 2000, it says that the Commissioner should have not less than 15 years of service, but in Corporation, due to political and now bureaucratic interference, the set rules have been thrown to dustbin,” said a former Commissioner, wishing anonymity, adding that not only appointment but there is also a proper set rules dealing with tenure of the Commissioner, mentioned in the Act.

He asserted that JMC has been made a ‘milking cow’ by those at the helm of affairs, thus the practice of parachuting ‘yes-man’ cannot be overruled.

Though, the incumbent Commissioner is an honest and dedicated officer but her length of service is just seven years, so her being appointed at the post despite not being eligible, questions credibility of the concerned,” he maintained and added that in the past as well this practice has been employed.

Highlighting the defects in the administration, a former Commissioner stated that this is not only in Municipal Corporation, but in other departments also, wherein officials are being transferred before completion of their set tenure, thus affecting the efficiency of the officer.

The present Commissioner is still an IAS officer; this Corporation has experienced many KAS officers with less length of service as Commissioners, thus vindicating the sorry state of affairs. He informed that the more unfortunate is when politicians and senior bureaucrats ‘pick’ their favourite for the post and ignore the meritorious.

“I have seen many Commissioners being unceremoniously replaced mid-way to adjust some favorites,” said former Commissioner, adding that this has been done when the Corporation has a speaking Act, which deliberates upon the functioning of the Corporation.

Quoting the section of the Act Supra he said, “whereas Sub-Section 2 of the Section 45 reads that subject to the provisions of sub-section (3) the Commissioner so appointed shall hold office for a term of three years in the first instance: Provided that his appointment may be renewed for a term not exceeding three years and provided further that no officer who has attained the age of superannuation shall be appointed or continue as Commissioner.”

Stating that in the last almost two decades, no Commissioner of JMC has served as per the section 45(2) for three years.

As per the details available with The Typewriter, before Avny Lavasa (incumbent Commissioner since January 2020), Pankaj Magotra was the Commissioner for around 7 months and prior to this Vikas Sharma  was given additional charge of Commissioner of JMC for 3 months. Whereas, before giving additional charge to Vikas Sharma, Pankaj Magotra served as Commissioner JMC for around 3 months only.

Arvind Kotwal who joined as Commissioner on 17^th of July of 2018 was transferred in just 5 months i.e on 10^th of December of 2018. Ramesh Kumar joined as Commissioner on 18^th of December 2017 and was transferred just after 9 months i.e on 17^th of July 2018. M Raju was posted as Commissioner on 12^th of May 2017 and was transferred just after 5 months i.e on 5^th of October 2017.

Dr Manmohan Singh joined as Commissioner on 29^th of July 2016 and was transferred just after 10 months i.e on 12^th of May of 2017, Mandeep Kaur who joined on 24^th of August 2015 was transferred after 11 months i.e on 29^th of July of 2016. Soujanya Sharma joined as Commissioner on 16^th of March 2015 and was transferred after 5 months i.e on 24^th of August 2015.

Er Kiran Wattal was posted as Commissioner 7^th of September 2013 and was transferred on 16^th of March 2015, KL Khajuria has been posted as Commissioner on 27^th of February 2012  and was transferred 7^th of September 2013 i.e after 7 months. SC Sawhney has been posted as Commissioner on 10^th of August 2010 and was transferred after 30 months i.e on 27^th of February 2012.

MK Dwivedi was posted as Commissioner on 6^th of August 2010 and was transferred just after four days i.e on 10^th of August 2010. Mubarik Singh was posted as Commissioner on 5^th of February 2009 and was transferred on 5^th of August 2010 i.e after 18 months, Parshotam Sharma was posted as Commissioner on 29^th of August 2008 and was transferred on 5^th of February 2009.

Jeet Lal Gupta was posted as JMC Commissioner on 26^th of March 2008 and was transferred after 5 months i.e on 29^th of August 2008, Er Vinod Sharma was posted as JMC Commissioner 26^th of June 2006 and was transferred on 26^th of March 2008 . JS Pachnanda was posted as JMC Commissioner on 26^th of March 2006 and was transferred after 3 months i.e on 25^th of June 2006.

Dheeraj Gupta was posted as JMC Commissioner on 1^st of May 2005 and was transferred after 10 months i.e on 25^th of March 2006, BD Sharma was posted as JMC Commissioner on 16^th of February 2004 and was transferred after 14 months i.e 7^th of April 2005 and Jeet Lal Gupta was posted as JMC Commissioner on 18^th of February 2003 and was transferred after 12 months i.e 16^th of February 2004.

Highlighting the defects in the administration, a former Commissioner stated that this is not only in Municipal Corporation, but in other departments also, wherein officials are being transferred before completion of their set tenure, thus affecting the efficiency of the officer.

“Why this is being done, I cannot comment on it, because it is discretion of the government and we are government employees and we have to comply by the government orders,” said the officer, adding that it takes at least 3 to 6 months for developing a perspective and understanding the working of the department, before an officer go for execution, but unfortunately before an officer understands the nitty-gritty of the work, he faces an unceremonious exit.

A Corporator of the ruling Bhartiya Janta Party (BJP) stated that the set guidelines for the appointment of Commissioner Jammu Municipal Corporation (JMC) have been breached by the successive governments and even by the administration due to the patronage of the Babus.

While talking to The Typewriter, Chandar Mohan Gupta, Mayor JMC said that he has raised his voice against this practice several times, but it was never given heed. “I have apprised the former Lieutenant Governor, GC Murmu and Chief Secretary BVR Subrmanyam about it, but it appears they are not interested in resolving administrative faults,” said Mayor.

When contacted Principal Secretary to Government, Housing and Urban Development Department, Dheeraj Gupta requested that since he is in a meeting, the query can be sought through Whatsapp. However, he did not reply back. To get the official stance over the matter, The Typewriter contacted designated Government spokesperson, Rohit Kansal, who said, “Send your queries to me via text and I will forward same to the Dheeraj Gupta for his comments.” But, till the filling of this report, none of the officials had responded to the queries.