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2. Definitions In this Act, unless the context otherwise requires:-

(1) Accountability Commission means the institution established under section 3;

(2)     action means action taken by way of decision, recommendation or finding or in any other manner and includes failure to
(3)     allegations in relation to a public functionary includes any affirmation that such public functionary in his capacity a
(a)      is guilty of corruption, favoritism, nepotism or lack of integrity;
(b)      was actuated in the discharge of his functions by personal interest or improper or corrupt motive;
(c)      has abused or misused his position to obtain any gain or favour to himself or to any other person to cause loss or undue
(d)      Has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public, functi
(e)      or any person on his behalf is in possession or has at any time during the period of his office been in possession, for
(4)         Chairperson  means the Chairperson of the Accountability Commission appointed under clause (a)  of sub-section (2)
(5)       Chief Minister means the Chief Minister of the State;
(6)       Competent Authority in relation to a public functionary means the Governor of the State.
(7)          corruption, includes anything made punishable as such under Chapter IX of the Jammu and Kashmir State Ranbir Penal
(8)          Governor means the Governor of the State;

(11) Member means a member of the Accountability Commission appointed under clause (b) of sub-section (2) of sec (12) Minister means a member (other than the Chief Minister) of the Council of Ministers and includes a Deputy Chi (13) Notification means a notification published in the Government Gazette and the expression notified shall be c (15) prescribed means prescribed by rules made under this Act; (16) Public functionary means a person who is or

7. Removal of Chairperson or Members (1) The Chairperson or a Member of the Accountability Commission shall not be removed from his office except by an order made (2) Before passing a Resolution to address the Governor under sub-section (1), the Speaker of the Legislative Assembly shall

9. Jurisdiction of Accountability Commission (1) Subject to the provisions of this Act, the Accountability Commission may investigate any action which is taken by or wit Provided that the Accountability Commission shall not inquire into any matter involved in or arising from, or connected with (2) The Accountability Commission may inquire into any act or conduct of any person other than a public functionary in so fa Provided that the Accountability Commission shall give such person a reasonable opportunity of being heard and to produce evi (3) No matter in respect of which a complaint may be made under this Act shall be referred for inquiry under the Jammu and Ka

a/ What is the legal status of the Accountability Commission ;

b/ Can the purpose of legislature be achieved by restricting initiation of proceedings and conduct of investigation and/or e The reply to proportion (a) has to be as under :

The Accountability Commission has been constituted by Statute to accomplish the ultimate societal good of having a corrupt b/ The legislative intentment and purpose underlying the Act of 2002, would be rather defeated than being achieved, in case The Accountability Commission, in such circumstances, will be reduced to a mere ornamental institution. It will be reduced to 38/ The Statutes are to be interpreted for securing public good, as it is only for this reason that laws are enacted. Interp 39/ Already, in this judgement, the purpose of enacting the Act of 2002 has been briefly summarized. To further add to it, th 40/ Since the public functionaries, as defined in section 2(16) of the Act of 2002, survive in public life on the basis of pu 41/ True it is that public functionaries, as defined in the Act of 2002, hold their respective positions/offices as trustees 42/ What appears from the aforesaid statutory prescription is that after entertaining a complaint under the Act of 2002, a pr 43/ In the normal process of interpretation of Statutes, when an authority is created by the Statute through a legislative pr 44/ Looking at this legal position from yet another stand point, one can reach to same conclusion, in as much as, the Chairpe 45/ The apprehension projected by the learned Advocate General and learned senior counsel about the abuse of provisions of Ac 46/ The above discussion does lead to a legal conclusion that the Commission is an authority catapulted to a position higher 47/ The statement of objects and reasons for establishing the institution of Accountability Commission has been stated to pro 48/ In the aforementioned backdrop, the objection raised by learned counsel for respondents about maintainability of the Appe 49/ For our above recorded reasons, we allow the Appeals filed by the J&K State Accountability Commission. The judgement(s), 50/ Before parting with, it, however, needs a mention that Mr. Abhinav Sharma, learned counsel appearing for Appel 51/ Prayer allowed. Registry to segregate the lead case - LPA 15/2013 and list it separately.