| Complainant pays price for raising 'baseless' allegations against then minister | | SAC imposes Rs 5,000 cost on him | |
Early Times Report
Jammu, Mar 31: The state accountability commission (SAC) has imposed a cost of Rs 5,000 on a petitioner for raising 'unfounded' allegations against then minister Vaqar Rasool.
SAC member, Justice (retd) J P Singh took serious note of a complaint filed by Dr Rehmatullah Khora against Vaqar Rasool, minister for technical education, youth services and sports in the erstwhile NC-Congress government, with the observation that that the complainant can't go scot-free when he had not verified the facts before coming to the commission and raising 'unfounded' allegations against the respondent.
"He, therefore, needs to be burdened with costs for having unnecessarily dragged Vaqar to the commission without verifying facts, though for a short time," he said.
With these observations, SAC dismissed the complaint with costs quantified at Rs 5,000, which the complainant was directed to deposit with the commission for its payment to the ex-minister.
SAC observed that the complainant had made allegations inter-alia against Vaqar, saying that he had accorded approval for allotment of contract of Solar Power Plant in favour of TATA Power Solar Systems Ltd on extraneous considerations and in violations of the guidelines issued by finance department in this respect. Besides these allegations, he had also referred to several other acts of omission and commission regarding non-functioning of these solar power plants.
In his objections, Vaqar stated that NIT was issued, tender accepted, work allotted and supply order issued before he assumed independent charge of the department. The government order No 88-GAD of January 15, 2013 was referred to in support of his claim. He stated that the complainant had intentionally dragged him to the commission to injure and malign his reputation and for blackmailing him SAC observed that the complaint was still in its infancy and pending scrutiny and verification under section-12 of the J&K Accountability Commission Act, 2002. "The complainant having himself admitted his lapse and mistake, action under section 24 of the Act may not in the circumstances be appropriate. To proceed against the complainant under section-24, a finding is required to be recorded that the complainant had known or had reasons to believe that the complaint was false, frivolous and vexatious and in the facts and circumstances of the case, it may not be appropriate to enter into the arena of holding an inquiry as to whether or not the complainant had know or had reasons to believe that the complaint was false and vexatious particularly when the complainant has opted for withdrawal of the complaint," Justice Singh said.
SAC observed that this would not, however, mean that the complainant can go scot-free when he had not verified the facts before coming to the commission and raising unfounded allegations against the respondent. He, therefore, needs to be burdened with costs for having unnecessarily dragged then minister to the commission without verifying facts, though for a short time. With these observations, SAC dismissed the complaint with costs of Rs 5,000. (JNF) |
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