J&K Govt violates Municipal Act to appoint new SMC Commissioner

SRINAGAR — In a brazen violation of Municipal Corporation Act, 2000, the Union Territory administration of Jammu and Kashmir recently posted an IAS officer, who has less than six years of service while as the commissioner for the Srinagar Municipal Corporation requires 15 years service.

As per the sub-section (1) of Section 45 of Municipal Corporation Act, 2000 which deals with the appointment of Commissioner of the Municipal Corporation, the Government can appoint a Class-I Officer of the Government having a service of not less than 15 years, as the Commissioner of the Corporation through a notification in the Government Gazette.

Commissioner/Secretary to J&K Government, Manoj Kumar Dwivedi recently through an Order No. 193–JK (GAD) of 202, Dated 26-02-2021 ordered appointment of Athar Aamir UI Shafi Khan, a 2016 batch Junior IAS officer who was awaiting orders of adjustment in the General Administration Department, as Commissioner, Srinagar Municipal Corporation which is a brazen violation of Municipal Corporation Act, 2000.

Wishing anonymity, an official from SMC admitted that the government has violated the Municipal Act by appointing a Junior IAS officer as the Commissioner of the Corporation.

He said that the government should have first done an amendment in the Act, then only they can appoint an IAS officer having experience less than 15 years.

Chief Law Officer of SMC, Mohammad Ashraf Qazi said that he can’t comment over the issue. “GAD has issued the order; they are answerable for it,” adding that, “If there is need of any amendment in the Municipal Act that too is being done by the government.”