Excelsior Correspondent
JAMMU, Aug 19: In the much-publicised 4000 MT TMT purchase scam, Special Judge Anticorruption Jammu, Sanjay Dhar has converted a closure report of the State Vigilance Organization into a challan and issued bailable warrants against the then Chief Engineer of Store Procurement Department and owners of a firm.
According to FIR, the then Chief Engineer/ Director Store Procurement Department, M A Malik purchased TMT bars from M/s Jehulm Steel Industry Samba and Kashmir Steel Rolling Mills Bari-Brahamana despite being aware of the fact that the TMT bars don’t confirm to the specification mentioned in the supply orders.
After completion of enquiry, Vigilance Organization presented closure report in the Court of Special Judge Anticorruption Jammu. However, after going through the closure report, Special Judge Anticorruption observed, “Chief Accounts Officer Directorate of SPD, who was member of the purchase committee, had brought this fact to the notice of Chief Engineer/Director SPD but the opinion of accounts expert was ignored”.
“Due to the acts and omissions of the then Chief Engineer/ Director SPD Mushtaq Ahmed Malik, total loss to the tune of Rs 65,32,116 has been caused to the State exchequer and corresponding undue benefit has been conferred upon the suppliers M/s Jhelum Industries Samba and M/s Kashmir Steel Rolling Mills Bari Brahmana”, the court said, adding “prima facie it appears that Mushtaq Ahmed Malik, the then Chief Engineer SPD in collusion with suppliers M/s Jhelum Industries Samba and M/s Kashmir Steel Rolling Mills, committed acts which have contours of criminal misconduct on his part”.
“The conclusion of investigating agency that there is no criminality involved in the present case appears to be contrary to the material on record. In fact the investigating officer of this case has, while submitting his report to his superior officers, concluded that offences are made out against the accused but it appears that some mysterious hand has worked in favour of accused compelling the investigating agency to take a U-turn and file the closure report”, the court said.
“Since the main accused is no more in service, as such, the bar to taking cognizance of offences in the absence of sanction from the competent authority does not get attracted to the instant case”, the court said, adding “the material on record further shows that Raj Kumar Gupta, son of Sardari Lal Gupta and his wife Radhika Mahajan were the partners of M/s Jhelum Industries Samba at the relevant time whereas Krishan Gopal, son of Prem Kumar and his son Tarun Singla were the partners of M/s Kashmir Steel Rolling Mills Bari Brahmana Jammu”.
Taking cognizance of offences under J&K Prevention of Corruption Act, the court said, “presence of these accused is directed to be secured by issuance of bailable warrants in the amount of Rs 25000 each”. The court, however, made it clear that anything said in this order shall not prejudice the case of accused at any subsequent stage of the proceedings.
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