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| HC refuses to quash FIR in corruption case against former MD SFC | | |
Early Times Report
Jammu, Dec 12: The Jammu & Kashmir and Ladakh High Court has refused to quash FIR in alleged engagement/appointment of close relatives and others for extraneous and under-hand considerations by then Managing Director of J&K State Forest Corporation.
Justice Vinod Chatterji Koul while dismissing the petition seeking quashment of FIR 16/2014 under Section 5(1)(d) read with 5(2) of the P.C. Act and 120-B, 467, 468 and 471 RPC, registered in police station VOK, observed that the case in hand when examined on the touchstone of law laid down by the Supreme Court, does not at all persuade this Court to grant the relief prayed for by petitioner in the instant petition as it requires and demands full dress trial and examination of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, and proceedings emanating there from.
This is not the aim and objective of provisions of Article 226 of the Constitution, more particularly when petition on hand does not unveil any ground much less cogent or material one, to indicate that the inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice. Insofar as earning of judgement in SWP no.352/2012 c/w SWP no.354/2012, is concerned, the same would not be a ground to quash an FIR, more particularly when the said judgement is already under challenge in an appeal, being LPA no.161/2020.
In that view of matter, impugned FIR does not call for any interference qua petitioner and as a consequence of which, petition on hand is liable to be dismissed.
According to the FIR that a verification conducted by Vigilance Organization Kashmir into the allegations of engagement/appointment of close relatives and others for extraneous and under-hand considerations by then Managing Director, J&K State Forest Corporation had engaged twelve persons as grading attendants on casual basis vide Order No. 238 of 2010 dated 26.4.2010 and then regularised them as Class-IV employees vide Order No.468 of 2010 dated 30.6.2010.
Verification has revealed that as per Order No.238 of 2010 dated 26.4.2010, then Divisional Manager Saw Mills Shalteng, Srinagar was asked to conduct a survey for engagement of suitable persons experienced in Khatamband manufacturing for timber based “Common Facility Centre” at Shalteng Srinagar.
A total of 13 applications addressed to Forest Minister were received. The said applicants were purportedly shown subjected to work experience test by then Page 3 OWP no.1020/2015 Divisional Manager Saw Mills and as per his report conveyed vide his No.41/DM/SM/SFC dated 17.4.2010, the applicants have been found possessing necessary experience.
Accordingly, 12 among them were engaged as grading attendants on casual basis after seeking approval from Minister for Forest (Chairman SFC). AS per the order No.468 of 2010 dated 30.6.2010, the above mentioned 12 grading attendants have been subjected to performance test by then divisional manager Saw Mills on 28/6/2010 and as per his report conveyed vide his No.237/DM/SM dated 29/6/2010, the applicants had successfully qualified the same.
Accordingly all the 12 applicants were confirmed against the Class IV vacancies of Grading Attendants and DDO’s were directed to make necessary entries in their service books vide Order No.468 of 2010 dated 30.6.2010. Verification has revealed that filling of Class IV vacancies by persons having experience in Khatamband manufacturing had not been advertised and the engagement/appointments have been made on pick and choose manner.
No criteria whatsoever had been adopted for appointment except possession of experience in Khatamband manufacturing. The applicants have not produced even certificates like state subject, qualification, date of birth etc. Nothing has been found on record to suggest that the applicants were subjected to any experience test in Khatamband manufacturing as projected by the Divisional Manager Saw Mills vide letter no.41/DM/SM/SFC dated 17.04.2010 or any performance test as projected by him vide his letter No.237/DM/SFC dated 29.06.2010. the dispatch numbers of both these letters do not match with the dispatch register in the office of Divisional Manager Saw Mills as another letter of same dispatch No.237 with some other subject was found in the record of the said office and the letter No.41/DM/SM/SFC dated 17.04.2010 also appears inserted in the dispatch register after mutation.
It was further revealed that all the Grading Attendants were subsequently transferred to territorial Divisions of SFC by the aforementioned Managing Director questioning the objective of their appointment against sanctioned posts of Common Facility Centre at Saw Mill Division Shalteng Srinagar. During verification it was found that then Managing Director had sought approval of the Hon’ble Forest Minister (Chairman of SFC) vide his U.O.No.01/MD/SFC dated 17.04.2010 on the basis of misrepresentation of facts and false documents that the appointees were subjected to work experience test and were found possessing necessary experience in Khatamband manufacturing. It was also that the appointment of Grading Attendants had not been placed before the Board of Directors in its 61st Meeting held on 03.06.2009 wherein creation of “Khatamband Raw Material Bank” and establishment of “Common Facility Centre” have been discussed and approved.
Verification has also revealed that one of the 12 Grading Attendants is the cousin of the then Managing Director and two more appointees had been employees of a Cement Unit registered in the name of sister-in-law of the said Managing Director.
The above mentioned 12 Grading Attendants have been paid a total salary of Rs.23,08,728/- upto March, 2012. By acting in the aforesaid manner, the then Managing Director State Forest Corporation and the then Divisional Manager Saw Mills Shalteng Srinagar and others have abused their official position as public servants conferred undue pecuniary advantage upon 12 beneficiaries under a well-knit conspired plan.
The aforementioned acts and omission on the part of then Managing Director SFC, then Divisional Manager Saw Mills Srinagar and others / beneficiaries constitute offences punishable u/s 5(1)(d) r/w 5(2) P.C.Act and 120-B, 467, 468, 471 RPC.
Accordingly, a case under aforementioned provisions of law is registered in P/S VOK. (JNF) |
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