Conclude inquiry in scam or face action: HC to PHE Comm

Fayaz Bukhari
Srinagar, Mar 17: The State High Court today directed Commissioner/ Secretary Irrigation and Flood Control (PHE) to expedite and conclude the departmental enquiry in much publicized multi-crore scam in PHE department or face action.
Apart from investigation conducted by the Crime Branch in the scam, Commissioner/ Secretary to Government, Irrigation and Flood Control and PHE Department was earlier directed to report the court about the departmental enquiry initiated against the delinquent officials involving in the scam.
State Counsel today informed the division bench of Justice Ali Mohammad Magrey and Justice B S Walia that the investigation conducted by the Crime Branch has resulted in the filing of final report before the competent court of law and it is now for the court of law to initiate proceedings and take the criminal trial to its logical conclusion.
“So far as the departmental enquiry initiated against the delinquent officers/ officials, the Commissioner/ Secretary to Government, Irrigation and Flood Control (PHE) Department, shall have the same expedited in terms of applicable rules and file the status within four weeks”, Justice Magrey and Justice Walia directed and warned the Commissioner/ Secretary for action under law against him in case he fails to complete the enquiry with stipulated period.
Court had directed Senior Superintendent of Police, Crime Branch to file status about the investigation of case FIR no. 91/2014 which was firstly registered at Police Station Handwara and thereafter transferred to Crime Branch, Srinagar.
The direction was subsequently repeated from time to time and finally in the month of November last year, further two weeks time were granted to file status report regarding the progress in both the enquiries, failing which Enquiry Officers were directed to appear in person.
Court granted further four weeks’ time to respondents for filing of their reply and directed for completion of the enquiry, if any, initiated against the petitioners and review their suspension order. “… Last opportunity of four weeks to file statement of facts and compliance of the directions passed from time to time, failing which Chief Engineer, PHE, shall remain present in person”, Justice Magrey and Justice Walia directed.
The multi-crore embezzlement of public exchequer was unearthed in PHE department of Handwara Division way back in the year 2014 and immediately a PIL was filed before the court seeking probe into the scam and brought under book the erring officials.
In compliance of earlier court directions the department of Public Health Engineering has placed its 16 officials  from the rank of Executive Engineer to Junior Engineer under suspension as they were found involved in irregularities and embezzlement of crores of rupees NRDWP Scandal.
The suspension order of these officers added that the matter being of utmost public importance and Division Bench of High Court is very closely monitoring this aspect on regular basis.
“These officers have remained posted in the division, so their role needs to be enquired into and necessitate their detachment from the active duties by invoking of Rule 31 J&K CSR for a fair and impartial enquiry”, suspension order further read.
Authorities in pursuance of the rules due to pendency of enquiry against them has placed these officials under suspension with immediate effect and attached them with CE I&FC.
In this connection records seized by the CB have been sent to the Forensic Science Laboratory to seek the scientific opinion regarding involvement of accused persons in the scam.

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