A Division Bench of J&K High Court Comprisng Chief Justice Gita Mittal and Justice Rajnesh Oswal today after hearing both the sides in length reserve order on impending of Darbar Move.
It is worthwhile to mention here that on last date of hearing, Division Bench observed that Darbar Move entails loss of several working days while the records are being packed and therefore re-arranged after the move is effected and directed the Secretary/Commissioner, Finance Department place before us an estimation of the salary bill for one week of the staff which is involved in the Darbar Move and seeks detail of expenditure and others.
Today when the petition came-up for hearing, Division Bench observed that The tentative seven days salary expenditure incurred by Government Departments of the Annual Darbar Move has been placed department-wise which totals a whopping amount of Rs.1158.723 lakhs.
Division Bench further observed that in response to the directions made in our order dated 10th April 2020, a Report dated 18th April 2020 has been filed by Dr. Asgar Hassan Samoon, Principal Secretary to the Government, Transport Department informing this court with regard to the number of vehicles involved in the Darbar Moves for transportation of records and employees and the expenses incurred thereon. We may extract the relevant portion of the report as follows: “That in pursuance to Hon’ble Court directions it is respectfully submitted that the expenditure incurred by Managing Director of J&K SRTC on account of Move TA is Rs-320000, RS: 390000, Rs : 397000 and RS: 687500/= for Annual Darbar Moves for the year 2018 and 2019. Further it is respectfully submitted that in (April 2018), 145 trucks and 57 buses were provided by J&K SRTC to various departments for transportation of records and employees, in (October 2018), 150 trucks and 37 buses were provided by J&K SRTC for transportation of records and employees, similarly in (April 2019), 152 trucks and 56 buses were provided by SRTC for transportation of records and employees and in (October 2019), 148 trucks and 34 buses were provided by J&K SRTC for transportation of records and employees. The total revenue generated by J&K SRTC for transportation of employees and records in April 2018, is RS: 5230361, in Oct 2018 is RS: 4873747, in April 2019 is RS: 5182286 and in Oct. 2019 is RS: 4822990.
DB further observed that IGP (Security), J&K that surveillance and security for the Darbar Move are given from the point of laoding of the records, en-route National Highway up-to destination by deploying Police/CAPF nafri for ROP, meticulous Anti-sabotage Checks to ensure proper area domination for secured moment of Darbar Move Convoy. Additionally, Zonal Police deploys the Police Convoy Commander (SP rank) assisted by DSP and others & CAPF, escort the convoy all along NHW within their respective territorial jurisdiction.
Division Bench further observed that before loading, anti-sabotage check of official records and vehicles is conducted. The vehicles are parked in the Civil Secretariat for night halt before moving in Convoy are secured. Senior level officers escort the Convoy up to the destination. Before downloading the records at destination of the Dabar, anti-sabotage checking of the Civil Secretariat, other offices and records is also undertaken.
DB further observed that Amit Gupta AAG that has filed additional report of the General Administration Department stating that “in view of the Government Order, all records of the Union Territory of Jammu and Kashmir are presently lying at Jammu office and have not been shifted”.
During the course of hearing Adv Monika Kohli has submitted that as per the report dated 25th December 2018 which appeared in the English daily local, the Government of India had advanced sum of Rs. 20 crores for the purposes of digitisation of the record.
The above report highlights the fact that no digitisation of the administrative records has been effected and the Government of the Union
Territory is relying completely on paper files only. Since the Darbar Move in October 2019, the entire record relating to the entire Union Territory of
Jammu and Kashmir is in Jammu.
During the course of hearing Amit Gupta, AAG has submitted that in view of recent hike in the number of COVID-19 cases and the need for effective control of the same, the Annual Darbar Move arrangements have been reviewed. Mr. Gupta submits that the Government has observed that the formal opening of the Darbar on 4th May 2020 as ordered vide Government Order dated 10th April 2020 may effect COVID-19 control efforts in the Union Territory. The said order has therefore been partially modified by an order dated 17th April 2020. The formal opening of the Darbar at Srinagar has been directed to take place on 15th June 2020.
It is also informed to the Division Bench that this order has been placed with the Report dated 20th April 2020 of the General Administration Department.
DB observed that the order dated 17th April 2020 manifests that the concerns observed by us in the order dated 10th April 2020 were justified.
During the course of hearing Adv Monika Kohli, Amicus Curiae that in the year 1872 the then Maharaja Ranbir Singh shifted the Darbar from Srinagar to Jammu as an arrangement for the winter months which arrangement has continued over the years. There has been no examination of the efficiency or utility of this arrangement which was commenced only on account of weather reasons and also drawn the attention of Court to the disclosure of the huge financial outlay, the manpower and enterprise involved. She has suggested that ideally, both the Secretariats are required to be running functional in both the places around the year.