Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs
Srinagar, July 13:- The Ministry of Home Affairs (MHA) amended the transaction of business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.
According to an order, a copy the proposals relating to transfer of administrative secretaries and cadre posts of All India Service (AIS) officers shall be submitted to the Lieutenant Governor of J&K by the administrative secretary, General Administration Department through the Chief Secretary.
“In exercise of the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated 31 October, 2019 issued under section 73 of the said Act, the President hereby makes the following rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, namely:- These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, They shall come into force on the date of their publication in the Official Gazette, In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), in rule 5, after sub-rule (2), following sub-rule shall be inserted, namely:- No proposal which requires previous concurrence of the Finance Department with regard to ‘Police’, ‘Public Order’, ‘All India Service’ and ‘Anti Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary”.”reads the order.
“In the principal rules, after rule 42, the following rules shall be inserted, namely:- “42A. Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister, Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs”, In the principal rules, in rule 43, after the third proviso, following provisos shall be inserted, namely, “Provided also that in respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, the matters shall be submitted to the Lieutenant Governor by Administrative. Secretary, Home Department through the Chief Secretary: Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary”. It states further.
