Advocate general's post vacant in J&K; no proposal yet for new appointment: RTI reply

Jammu, Dec 23: The advocate general's post in Jammu and Kashmir is lying vacant for more than a year following senior advocate D C Raina's resignation, the Department of Law, Justice and Parliamentary Affairs has said.

Responding to an application filed under the Right to Information (RTI) Act by Jammu-based activist Raman Kumar Sharma, the central public information officer (CPIO) has said no proposal has so far been initiated to fill the post.

"The post of advocate general is presently lying vacant. The post is lying vacant from the date on which the last advocate general tendered his resignation," read the RTI reply given on Monday.

Raina submitted his resignation in October last year, two days after a National Conference-led government assumed office in the Union Territory, but his resignation was not accepted by the lieutenant governor, bringing to the fore a growing rift between the Lok Bhavan and the elected regime in the absence of the rules of business.

Raina was appointed to the post of advocate general of the erstwhile state of Jammu and Kashmir on three occasions -- in September 2008, February 2016 and July 2018. After his resignation, the government has consented to his continuation.

"The matter (Raina's resignation) is presently under consideration. Acceptance has not yet been finalised or formally communicated as yet," the RTI reply said.

The department declined to provide a certified copy of the resignation letter, saying disclosure at this stage is not appropriate as the matter is under consideration.

In response to queries regarding the appointment of a new advocate general, it clarified that no proposal has so far been moved and consequently, no steps have been initiated for making a fresh appointment.

The RTI reply further clarified that the advocate general of Jammu and Kashmir is appointed by the competent authority under the Constitution.