AB SATTAR GANAIE Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE writ petition arises out of an endorsement recorded by the Financial Commissioner (Revenue) on the application of respondent No.5 seeking implementation of a direction -dated 16.08.2004 passed by the Sub Divisional Magistrate. The endorsement reads:

(2.) CRUX of the challenge is that the Financial " Commissioner lacks the power to pass such orders. To appreciate the contention reference to the powers of the Financial Commissioner (Revenue) relevant to the issue having the statutory sanction contained in the Jammu and Kashmir Land Revenue Act, 1996 has become imperative and are extracted:

(3.) IT is very clear from the provisions extracted hereinabove that jurisdiction of the Financial Commissioner as a Revenue Officer extends to the whole of the State including the power to distribute the business amongst the Revenue Officers of the State. Apart from that in the capacity of a major head of the department in terms of classification of officers defined in Schedule 1 -A attached to the Jammu & Kashmir Civil Service Regulations, a duty is cast upon him to see to it that law is not observed in breach by his subordinates. In that view of the statutory position it cannot be said that the Financial Commissioner lacks the power to issue administrative directions or executive orders, of course, in respect of matters, which fall within his competence. Having spelt out the legal position the Financial Commissioner cant be said to have faltered, for, the direction impugned does not ask the Sub Divisional Magistrate to do some thing in contravention of law but it essentially requires him to follow law. Needless to say that it will lead to an anomalous situation if it is held that the Financial Commissioner has no power to direct adherence to law. True it is that he cannot add to his powers by administrative/orders and executive directions. Nonetheless, he is within his powers to issue directions in consonance with the statute. Situated thus, direction does not call for any interference.