Illegal appointments case
Excelsior Correspondent
SRINAGAR, Feb 3: Special Judge Anti-Corruption Srinagar R N Watal has denied anticipatory bail to the Zonal Head of the Jammu and Kashmir Bank in the illegal appointments case.
The Zonal Head of J&K Bank for Anantnag Mohammad Ayoub Wanchoo moved an application before the Special Judge Anti-Corruption Srinagar seeking bail under Section 438 CrPC in anticipation of his arrest by the Anti-Corruption Bureau on various grounds.
“The petitioner has rendered 37 years of service in J&K Bank and reached the position of Vice President by hard work, honesty and at present is working as Zonal Head Anantnag. The J&K Bank resorted to recruitment process which was controlled and supervised by ruling political masters and the Chairman of J&K Bank. The petitioner as such has no authority or role in recruitment process in J&K Bank of whatsoever”, submitted Advocate Mohammad Akber Magray, the counsel for the petitioner.
He further submitted, “the petitioner who holds a middle level officers position in the bank could not have in any way played any role in the appointment process as such the petitioner is innocent having not committed any offence”.
Upon presentation of the application, report was sought from the Police concerned, which revealed that case FIR No.01/2020 was registered in Police Station ACB(K) on 10-01-2020 under Prevention of Corruption Act against the officers of the Bank including the Chairman of the time and accordingly investigation was taken up.
“The officers/officials of J&K Bank Hqrs Srinagar have made 2800 illegal/back-door appointments as ABAs/BAs from time to time from the year 2011. The applicant/accused was functioning as Vice President Human Resources Development Department J&K Bank Corporate Hqrs, Srinagar and as per the records so far scrutinized it has revealed that more than 200 illegal appointments of ABAs/BAs have been made in the J&K Bank and the applicant/accused has played an active role/conspiracy and abused his official position as Vice President”, the police report said, adding “the role of the applicant/accused is being ascertained/investigated by investigating agency in illegal appointments”.
Special Public Prosecutor in his objections submitted that the petitioner was actively involved in the case FIR No.01/2020, the offence being non-bailable, as such the petitioner cannot claim bail as a matter of right.
“The investigation of the case is at its infancy stage and in order to investigate the case in proper manner, the presence of accused exclusively with ACB is required in custodial manner so as to enable the investigating agencies to make the headway of the case in systematic manner”, the Special Public Prosecutor said.
Weighing the case of the petitioner in terms of the principles for granting bail as enumerated in various judgments, the Special Judge Anti-Corruption observed, “the petitioner is prima facie involved in case FIR No.01/2020 for having misused his official position while functioning as Vice President Human Resources Development Department J&K Bank Corporate Hqrs, Srinagar where he has managed more than 200 illegal appointments of ABAS/BATS”.
“The actual role of the applicant/accused is being ascertained by investigating agency. Moreover, the investigation in the case as revealed is in its infancy, the role of politicians, bureaucrats, bank officials in the conspiracy is under scanner, custodial interrogation of the accused is as such required and any concession of bail if exercised in favour of the petitioner in anticipation of his arrest shall definitely hamper the investigation”, the court further observed.
“The back door recruitment scam in the J&K Bank the prestigious economic institution has been running since long with active involvement of politicians, bureaucrats and the bank officials”, the court said, adding “recruitment of blue eyed candidates who happen to be kiths and kin of influential has deprived the meritorious candidates of their right of participation and recruitment”.
With these observations, the court dismissed the application seeking concession of bail in anticipation of his arrest.
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