HC Questions Grounds Of Appointment Of SMC Commissioner

J&K High Court | File Photo

Show the authority under which you are holding the post: High Court to SMC Commissioner
Srinagar- The Jammu Kashmir and Ladakh High Court has asked the Commissioner Srinagar Municipal Corporation Athar Amir Khan to show the authority under which he is holding the post.
Three Srinagar Municipal Corporation Corporators have filed a petition against the Commissioner in the High Court through their lawyer Advocate Shuja Ul Haq challenging the appointment of Khan as SMC Commissioner and claiming that he lacks the eligibility for the post.

Citing Section 45 of SMC, the petitioners have claimed that the Commissioner lacks eligibility for the post.

As per Section 45 of the Jammu and Kashmir Municipal Corporation Act, 2000, Commissioner of Municipal Corporation can be appointed by the Government by issuing a notification in the Government Gazette and the person/s to be appointed must be Class (1) officer of the Government, having the service of not less than 15 years.

“It is pointed out by the learned counsel for the petitioner that the respondent No. 4 is an IAS officer of 2016 batch and, therefore, having service of less than 15 years in the Government,” the Court observed.

The court said that Prima facie, this Court finds substance in the submissions made by the learned Counsel for the petitioner.

Khan, who is a 2016 batch IAS officer of Rajasthan Cadre was deputed in February this year by centre government to JK UT and posted as Commissioner SMC. (KDC)

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