Tells Nagaland govt to uphold notification banning contractual appointments
Morung Express News
Dimapur | August 9
The Kohima Bench of the Gauhati High Court ruling on the PIL filed by the Against Corruption And Unabated Taxation (ACAUT) Nagaland on contractual/illegal appointments has told the Government of Nagaland to uphold the standing executive order dated June 6, 2016 imposing total ban on contractual appointments to governmental posts. The PIL filed in October 2016 involved as many as 10 departments as respondents and the final ruling was passed on August 5, 2016. As per the judgment, the court based its ruling on the June 6 government notification.
“… There is no reason for this Court to doubt the intention of the Government in this regard. As such, no further direction is called for at this stage. This Court hopes and expects that henceforth, the Government of Nagaland would scrupulously adhere to the criteria laid down by notification dated 6/6/2016 in the matter of appointment made in public offices,” read the court order.
It however came with the rider that the petitioners would be at liberty to approach the court “in the event there is any violation of the clauses contained in this notification dated 6/6/2016.”
Members of ACAUT Nagaland at a media briefing today in Dimapur termed the judgment as having not only reinforced the government’s standing order but has also given legal sanctity to its move to check illegal appointments. From ACAUT legal team, advocate K. Lun Tungnung viewed the judgment as a victory for the people. He said, “We have come to a point where we have today legal sanctity to check contractual appointments.”
While the judgment may have come as a respite, Member, ACAUT consultative body, Khekiye K. Sema asserted that the ACAUT will not rest the matter here. “As for the Office Memo (Notification), we have still the legal right to appeal if the government does not follow up,” he said.
P. Leonard Aier, who was also part of the 3-member legal team, held that the ACAUT’s stand on corruption has been vindicated. According to Aier, there is on record several instances of the state government issuing notifications banning appointments, which flout accepted norms.
The notifications date to as far back as 1976, 1994, 1996, 2001 and the latest being the one issued in June 16, 2016. Emphasising the importance of the 2016 notification, Aier said that while all the orders were executive decisions in essence, the latest one has legal binding to it.
On this, Sema commented that such notifications have been issued rampantly over the years, but are rarely implemented. While ACAUT member, Dr. Khekuga Muru said that the government should respect its own decision as well as the court judgment. “We will be seriously watching whether the notification merely becomes a piece of paper or gets implemented.” The ACAUT Nagaland further reminded that there have been instances of backdoor appointments even as the PIL was heard in court. Maintaining that the ACAUT wants all backdoor/illegal appointments terminated, Sema said, “We intend to get the facts and figures. We will collect all the information that is required.” It also appealed all professional unions linked to the government machinery to thoroughly understand the significance of the judgment. Commenting on the fuel adulteration exposé, Sema said that the Chief Minister keeping mum on a matter “that hurts us all is uncalled for and unfair.” As the head of the state government and as the Minister in-charge of the department that handles subsidised kerosene for public distribution, he said that the CM is answerable and morally bound to respond.
