Authority undermined, says NC govt as 48 bureaucrats transferred by L-G
The ruling alliance in Jammu and Kashmir has strongly objected to Lieutenant Governor (L-G) Manoj Sinha's recent order transferring 48 Jammu and Kashmir Administrative Service (JKAS) officers, marking the first such reshuffle since the elected government took office last October.
On April 1, the J&K administration, acting on L-G Sinha's orders, transferred officers at the level of Additional Deputy Commissioners, Sub-Divisional Magistrates and Assistant Commissioners (Revenue). Until now, Sinha had primarily overseen transfers within the Indian Administrative Service (IAS) and the Home Department, which fall under his direct jurisdiction.
Sources indicate that the transfers were carried out at the L-G level because, under J&K's Reorganisation Act, law and order remain under his authority. The Raj Bhavan defended the decision, stating that the transferred officers held "magisterial powers" linked to law and order.
However, sources within the elected government maintain that transfer of non IAS officers is under the domain of the state government. The government argues that these transfers should have been postponed until the business rules governing administrative functions were finalised and published. The J&K Cabinet recently framed the business rules and submitted them for the L-G's approval.
This is the first major confrontation between the elected government and Raj Bhavan.
The decision has drawn sharp criticism from the ruling parties. Congress leader and MLA Ghulam Ahmed Mir stated, "It has sent the wrong message that everything is not well within the J&K administration."
National Conference (NC) chief spokesperson and MLA Tanvir Sadiq also condemned the move, saying, "No one has the right to undermine the authority of the elected government." Referring to the high voter turnout in the recent elections, he added, "Now the need is to respect the mandate."
An NC legislator, speaking to The Tribune, said such actions weaken the government's authority. "Till now, we were saying JKAS officers are under the CM, but we saw the L-G also transferring them. This sends a bad signal… Raj Bhavan should have at least waited till business rules are out which would have cleared all confusion," he said.
The Jammu and Kashmir Awami Ittehad Party (AIP) also criticised the move. AIP chief spokesperson Inam Un Nabi termed it an "insult to the ruling government" and a "direct humiliation" of the people of J&K, who voted in large numbers. He accused the BJP of exerting influence over J&K's administration, stating, "This is a direct consequence of BJP's good boy Chief Minister Omar Abdullah, who has willingly accepted every decision imposed on J&K just to stay politically relevant."
Sources confirmed that Chief Minister Omar Abdullah has written to L-G Sinha, on Wednesday, urging him to review the decision, arguing that the transfers and postings of non-All India Services officers are the exclusive prerogative of the elected government.
In his letter, Abdullah asserted that such unilateral decisions undermine the authority and functioning of the elected administration. He has also taken up the matter with Union Home Minister Amit Shah, reportedly expressing concern that a series of actions by the L-G, including these transfers, were eroding his government's authority.
Abdullah is said to have conveyed to Shah that the L-G's approach posed a serious challenge to the functioning of the elected government. The dispute marks a significant escalation in tensions between the J&K administration and Raj Bhavan, with sources indicating that the Abdullah-led government has faced difficulties with the L-G's office over several administrative issues.
The Chief Minister has also called for the swift finalisation of the Transaction of Business Rules, which were approved by the Cabinet on March 6, arguing that the delay in issuing these rules is contributing to ongoing administrative friction.
Abdullah has also instructed Chief Secretary Atal Dulloo to ensure that no transfer or posting orders for non-All India Services officers are issued without his prior approval.
The controversy is expected to be a key agenda item during a legislative party meeting chaired by Abdullah in Srinagar, ahead of the second part of the Budget Session next week. Chief Whip of NC, Mubarak Gul, has urged all members to attend, stressing the significance of the discussions.
(With PTI Inputs)
