Early Times Report
JAMMU, Dec 26: The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a petition filed by Ghulam Rasool Baba, former Accounts Officer in the office of Director, Health Services, Kashmir, seeking quashment of criminal proceedings arising out of FIR No. 40/2000 registered with Police Station Vigilance Organisation, Kashmir (VOK).
A Bench of Justice Sanjay Dhar upheld continuation of trial pending before the Special Judge, Anti-Corruption, Srinagar, holding that sufficient material exists, at this stage, to proceed against the petitioner for offences under the J&K Prevention of Corruption Act and the RPC, including conspiracy and forgery-related provisions.
As per the case set up by the prosecution, the FIR was registered alleging large-scale misappropriation and fraudulent withdrawals from the State Treasury, Beerwa, during postings of certain Block Medical Officers and other officials. In so far as the petitioner is concerned, the charge-sheet alleges that he facilitated illegal/fraudulent drawal of Leave Travel Concession (LTC) amounting to ?6,99,880 by manipulation of records and abuse of official position, besides allegedly according sanctions "without competence" to enable adjustment of claims of certain doctors in violation of rules. The Court noted that the trial court had framed charges on July 31, 2017 and observed that the petitioner's discharge plea would be deemed to have been rejected along with the framing of charges. On the issue of sanction for prosecution, the High Court held that since the charge-sheet against the petitioner was filed after his superannuation, sanction was not required. Rejecting the plea of violation of the right to speedy trial, the Court recorded that the delay was not attributable to the court or the prosecution, and was due to circumstances including non-appearance of some accused; it was also noted that two accused had died during pendency of the challan.
The petitioner was represented by Arshid Andrabi, Advocate, while the respondents were represented by Mohsin Qadiri, Senior AAG, assisted by Maha Majeed.
—(JNF) |
