JAMMU, Nov 26: Additional Sessions Judge Anticorruption Srinagar C L Bavoria today rejected the closure report filed by Crime Branch Kashmir in FIR against the then DC Shopian M S Sood (IAS) in connection with illegal appointments and directed SSP Crime Branch to re-investigate by himself or through any officer not below the rank of DySP within a period of three months from the receipt of this order.
The final report bearing No. 09/2021 under Section 173 CrPC in case FIR No. 10/2014 of P/S Crime Branch, Kashmir registered under Section 120-B RPC read with 5(2) Prevention of Corruption Act was presented on 14.09.2021 by Senior Superintendent of Police Crime Branch Kashmir for perusal and appropriate orders.
“In view the facts, circumstances and evidence collected during the course of investigation, it transpired that according to GAD Order No. 735 of 2008 the DCs are empowered to engage class-IV posts and no incriminating evidence has surfaced against the accused as such the investigation of the case has been closed as “Not Proved”, read the final report.
After perusal of the final report and hearing Special APP for CBK, court observed, “the allegation of illegal appointments and undue promotion by abuse of official position in gross violation of the rules was under investigation and it is stated that for any appointment permanent/contractual, due recruitment process has to be followed strictly”.
“The due recruitment process provides for advertisement of the posts, publication of the advertisement in daily newspapers of greater circulation to which a common man has got access, conducting of written test/interview of short listed candidates, preparation of merit list, selection list and publication of selection list in daily newspapers of greater circulation”, the court said, adding “in the instant case all the rules and regulations for due recruitment of process have been thrown to winds so as to adjust blue-eyed persons by the officials in hierarchy of the concerned department in complete disregard to the official position”.
“The casual and mechanical way of investigation is obvious and crystal clear from the observation of the investigating officer in the final report itself as investigation appears to have been conducted in slip shod manner without looking into the seriousness to the allegation of undue favoritism and appointing only the blue-eyed persons”, the court said, adding “no investigation appears to have been conducted viz-a viz the conduct of the official/officials and the beneficiaries”.
Stating that court was not satisfied with the investigation conducted in the case, the Judge directed the SSP Crime Branch Kashmir to re-investigate the matter in light of the observations by himself or through any officer not below the rank of DySP within a period of three months from the receipt of this order.