Jammu, Sep 07: In C.P./126/2023 (JAMMU) In O.A./1567/2021 titled ISHAN SAVAYSACHI CHOPRA Vs H. RAJESH PRASAD PRINCIPAL SECRETARY D/O GENERAL ADMINISTRATION UT OF J&K after CAT bench Jammu ordered as under:-
Mr. Hunar Gupta, learned DAG has shared a communication dated 27.08.2024 of General Administration Department and submitted that approval of the competent authority for the appointment of the petitioner as Executive Officer in the Urban Local Bodies, Jammu under the Scheduled Caste Category has been approved and due to the imposition of Model Code of Conduct, the appointment order has been delayed for seeking clearance from the Election Commission of India.
On the other hand, Mr. Sachin Dogra has submitted that in terms of order dated 19.03.2024 issued by General Administration Department (UT of J&K) regarding the Do's and Don'ts of the Model Code of Conduct, clause 22 provides that regular recruitment, appointment or promotion through the UPSC, State Public Service Commission or the Staff Selection Commission or any other statutory authority can continue but recruitments through non-statutory bodies will require prior clearance from the Commission.
Be that as it may be.
Mr. Sudesh Magotra, learned AAG who represent the General Administration Department is requested to point out the aforesaid guidelines of the General Administration Department to the concerned authority for seeking clarification as to whether the clearance of the Election Commission of India is required for the issuance of appointment order of the petitioner.
List this case on 24.09.2024.
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