Chandigarh, Nov 25, 2024 (Yes Punjab News)
Three weeks ago on 3 November 2024, vide Haryana Government Personnel & Training Department Order bearing No. 1/142/2024-1SII as issued under the seal and signature stamp of then Chief Secretary, Haryana, Anurag Rastogi, eight IAS officers were appointed (posted) as Commissioners of eight different Municipal Corporations in the State.
While Ashok Kumar Garg, IAS was posted as Commissioner, Municipal Corporation(MC) Gurugram, Dharmender Singh, IAS posted was posted as Commissioner, MC Rohtak, Brahmjeet Singh Rangi, IAS posted as Commissioner, MC Panipat, Dr. Vaishali Sharma, IAS posted as Commissioner, MC Karnal, Sachin Gupta, IAS as Commissioner MC, Ambala, Aparajita, IAS as Commissioner, MC Panchkula, Niraj, IAS as Commissioner, MC Hisar and Renu Sogan, IAS as Commissioner, MC Manesar.
Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar, told that the Statutory Notification(s) pertaining to appointment (posting) of the ibid IAS officers as Commissioners of aforementioned Municipal Corporations has NOT been published in Haryana Govt Gazette (read in due compliance of Section 45(1) of Haryana Municipal Corporation Act, 1994) which provides/stipulates that
The Government shall, by notification in the Official Gazette, appoint a suitable officer, as the Commissioner of the Corporation.
Hemant last week wrote to Bandaru Dattatraya, Governor of Haryana, Nayab Singh, Chief Minister Haryana, Vipul Goel, Urban Local Bodies (ULB) Minister, Vivek Joshi, Chief Secretary, Vikas Gupta, Commissioner & Secretary, ULB Deptt, Ashok Khemka, ACS, Printing & Stationery Deptt, Baldev Raj Mahajan, Advocate General and Ritu Garg, Legal Remembrancer in this regard however the requisite statutory notifications are yet to be published in the Official Gazette.
Be that as it may, Hemant told that the significant legal point is that sans publication of ibid Gazette Notification in Official Gazette, not only the appointment of all such MC Commissioners lacks statutory sanctity but even legality of day to day Orders/Directions etc. passed by all such MC Commissioners remain under legal scanner & anyone aggrieved by it may question the same in a Court of law due to non-issuance and non-publication of requisite Notification pertaining to appointment (posting) as MC Commissioners in State’s Official Gazette.
The Advocate further asserted that there is no denying the fact that if duly enacted law of the State Legislature viz.
Haryana Municipal Corporation Act, 1994 (as amended by H.M.C. Amendment Act, 2015) expressly mandates publication of Notification in Official Gazette pertaining to appointment of MC Commissioner, then the State Government is duty bound to strictly comply with the same and there ought to be no excuse in this regard.
