Court rejects JK Bank’s plea

Excelsior Correspondent
JAMMU, Feb 22: Special Judge Anticorruption Kashmir RN Wattal has rejected the plea of J&K Bank seeking release of documents, which were seized by the Anticorruption Bureau in the much-publicized appointment scam.
“The bank seeks the release of personal files of Assistant Banking Associates and Banking Attendants seized in case FIR No.10/2019 registered under Prevention of Corruption Act and Section 120-B RPC. Four charge sheets in the case have been filed for judicial determination and same are sub-judice”, the Special Judge Anti-Corruption said.
“The record which the petitioner bank seeks to release has been deposited in the court and forms the matrix of FIR No.10/2019. The record is voluminous packed in 13 trunks. The record/ personal files pertain to Assistant Banking Associates and Banking Attendants who are alleged to have appointed by back door throwing the recruitment rules of the bank to the winds”, the Judge observed, adding “these appointees are alleged to be the kiths and kin of influential politicians and bureaucrats. Their bank door recruitment has denied the right of participation of young meritorious graduates in the recruitment process in the State (now Union Territory)”.
“The grounds projected for the release in application is to record the annual performance and release of increments and other service conditions of these appointees. But the appointees have not been recruited by following due recruitment process–publication of recruitment notification for inviting applications from deserving candidates for the posts of Assistant Banking Associates and Banking Attendants, holding of written test, calling the candidates who qualified the written test in the ratio of 1:3 for interview, framing of merit list and selection list and its subsequent publication”, the court further observed.
The Special Judge Anti-Corruption further said, “backdoor appointments at the behest of power source or otherwise and recruitment according to rules are mutually antagonistic and strange bed partners. They can’t exist in same sheath and the former is in negation of a fair play however the latter are products of order and regularity”, adding “the bank officials in conspiracy with the politicians have made mockery of whole recruitment process”.
The court further said, “for all intents and purposes the recruitment of these appointees is not legal but purely illegal. How come these appointees recruited by fraudulent back door appointment be given increments or their annual performance recorded is surprising and an intentional design to clothe these illegal appointments with all privileges as if they were appointed through a legal recruitment process”.
“Obviously the reason for the release of these service files are not supported with any cogent reason instead same is absurd. Another aspect of the case is that these service files are required by ACB for investigation of FIR No.01/2020 that has been registered recently”, the court said, adding “the investigation in this FIR is in its infancy, as such the release of the files/ documents in original or in photostat shall hamper the further investigation”.
With these observations, court dismissed the application filed by J&K Bank.

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