FCS&CA Deptt dismisses 3 officials from service

Infamous Kupwara ration scam

*CBI already presented challan for criminal prosecution

Mohinder Verma

JAMMU, Dec 15: Sending a loud and clear message that corruption will not be tolerated at any cost, the Government has dismissed three officials of the Food, Civil Supplies and Consumer Affairs (FCS&CA) Department from the service of the Union Territory for their involvement in the infamous Kupwara food scam.
The Central Bureau of Investigation (CBI) in the year 2016 had found large scale irregularities in the FCI’s stock management in Kupwara wherein it was found that several truck-loads of ration had gone missing.
These three officials along with those of Food Corporation of India are also facing the CBI case as they by conniving with each other had misappropriated 182 truck-loads of ration which was shown dispatched from various depots of Punjab for Kashmir but never reached the destination.
The dismissal from the service of three officials has been ordered for violation of Jammu and Kashmir Government Employees (Conduct) Rules, 1971 by invoking provisions of Civil Services (Classification, Control and Appeal) Rules, 1956. Moreover, they have been disqualified from any future employment under the Government of Jammu and Kashmir.
Official sources told EXCELSIOR that the Central Bureau of Investigation registered an FIR in the year 2016 under different provisions of J&K Prevention of Corruption Act and RPC against Fayaz Ahmad Lone, the then Storekeeper Kulangam Grainery Kupwara, Mohammad Gulzar Lone and Hamidulla Mir, the then Assistant Storekeepers Food Store Division of FCI Kupwara, besides a TSO, who now stands retired.
Sanction to criminally prosecute these officials was accorded by the Government of Jammu and Kashmir in the month of January this year and simultaneously the General Administration Department had asked the Food, Civil Supplies and Consumer Affairs Department to place them under suspension and initiate departmental enquiry for violation of Jammu and Kashmir Government Employees (Conduct) Rules, 1971.
The officials were promptly charge-sheeted and departmental inquiries were initiated against them.
It was mentioned in the charge-sheets that as many as 182 vehicles of ration which were shown dispatched from various FCI depots of Punjab for Kashmir during the period between 2015-2017, never reported to Kashmir due to connivance of officials of FCI, private transport contractors of FCI and officials of Food, Civil Supplies and Consumer Affairs Department of J&K. Moreover, involvement of those deployed at Multi-Disciplinary Monitoring Committee, Lower Munda naka point in Kashmir also surfaced.
The charge-sheet also accused the public servants of earning illegal pecuniary gains by participating in this conspiracy. An amount of Rs 7 lakh was transferred into the bank account of Hamidulla Mir, Rs 4 lakh in the bank account of his father-in-law, Rs one lakh into the account of his wife and Rs 5 lakh in the account of his nephew. Moreover, an amount of Rs 23 lakh was transferred into the account of two persons from whom land was purchased by Hamidullah Mir and Gulzar Lone at Khag in Budgam.
Further, an amount of Rs 17 lakh was transferred into the account of another person from whom a house was purchased by Hamidulla at Bathar Colony, Batmaloo.
Likewise, an amount of Rs 6.19 lakh was transferred into the account of Mohammad Gulzar Lone by the agent of FCI contractors and Rs 2 lakh into the account of Lone’s daughter. Moreover, the accused official purchased a patch of land measuring 3.10 kanals in Khag Budgam and payments to the tune of Rs 23.50 lakh were made by the agents of FCI contractors, who have also been booked by the CBI. Similarly, Fayaz Lone received Rs 5 lakh from FCI Contractors.
During the departmental enquiry, the charged officials failed to give any justifiable defence regarding the receipt of monetary benefits from the accused persons in the CBI case.
After following the due procedure, the disciplinary authority came to the conclusion that the acts on the part of the officials amounted to gross negligence and misconduct and as such considered it appropriate to impose the penalty of dismissal from the service of the Government.
Finally, the Government has issued orders dismissing Fayaz Ahmad Lone, the then Storekeeper Kulangam Grainery Kupwara, Mohammad Gulzar Lone and Hamidulla Mir, the then Assistant Storekeepers Food Store Division of FCI Kupwara from the service of the Union Territory of Jammu and Kashmir under Sub-Rule VIII of Rule 30 of Civil Services (Classification, Control and Appeal) Rules, 1956.
Moreover, they have been disqualified from any future employment under the Government of Jammu and Kashmir.
It is pertinent to mention here that the Supreme Court in a catena of judgements has held that departmental inquiries and criminal trials can proceed simultaneously. The courts have even held that acquittal in criminal trials does not necessarily amount to exoneration in departmental inquiries as the burden of proof in both varies considerably.