NC calls PAO deferment ‘illegal’, legal experts agree

SRINAGAR: Opposition National Conference and legal experts question the government’s move to put on hold the Pay and Accounts Office (PAO) system in Jammu and Kashmir.
The government on February 8 issued an order for implementation of PAO system from February 15 in various departments in the state.
Soon after taking the additional charge of finance ministry, Altaf Bukhari ordered deferment of PAO system till March 31.
On Wednesday, National Conference leader Omar Abdullah, the former chief minister, questioned the JK’s government’s move.
“@PMOIndia & FinMinIndia need to take a long, hard look at the reasons behind the sudden & arbitrary reversal of the PAO system that had been introduced in J&K,” Omar wrote on Twitter.
In another tweet, he said, “For 3 years the J&K legislature was told that this reform would be a major step towards transparent use of funds. A measure approved by legislature vote has been overturned by a mere government order.”
Former advocate general of JK, Ishaq Qadri said that if assembly has given consent for implementation of PAO then it has become a law. “If assembly has approved the implementation of PAO system the government can neither revoke it nor make amendments without the consent of the legislature. If this has happened then finance department’s order on PAO is invalid,” Qadri said.
Senior advocate, and former High Court Bar Association, president Zafar Ahmad Quereshi said that government can defer or make amendments in law only with the consent of the JK assembly. “Government can’t defer any law that is already passed by legislature. But we have to check when PAO system was to be implemented,” he said.
Meanwhile, NC leaders, Nasir Aslam Wani and Junaid Azim Mattu in a statement said the sudden rollback of the PAO system had “exposed PDP’s moral smokescreen over the sacking Haseeb Drabu”.
“We strongly opposed Dr. Drabu’s unacceptable and factually incorrect remarks and we continue to oppose them. However, the sudden and arbitrary rollback of the PAO reform brought in by the J&K Government just last month through the Assembly raises a huge red flag,” they said.
The NC leaders in the statement said, “It seems the PAO system was a reason for Dr. Drabu’s removal and the Chief Minister needs to be held to account – how can a reform that your government pushed through the Legislature just a month or so ago suddenly become untouchable and unacceptable?”
The NC leaders said there were apprehensions that the reforms were being rolled back to benefit some particular individuals. “It is also a curious case in how the new Finance Minister didn’t wait even a day before rolling back the PAO system on taking charge. Something seems to be going on behind the scenes and needs to be investigated,” the statement said.
Meanwhile, an official of the Finance Department said J&K was the first state in India to implement the PAO system and had the approval of the legislature
While presenting the budget 2018-2019, Drabu had said, “I am happy to inform that two departments, namely, R&B and PHE, Irrigation & Flood Control will move to PAO system by mid-February and will not operate upon treasuries anymore. This phased roll out will help us in identifying deficiencies and technological glitches if any. The full system will be rolled out thereafter in all other departments by April 2018.”
Bukhari put on hold PAO system till March 31, a day after his predecessor Drabu was removed from the council of ministers by Chief Minister Mehbooba Mufti over his controversial remark that “Kashmir was not a political issue but a society with social issues”.