Excelsior Correspondent
JAMMU, Mar 7: In a significant decision, Deputy Commissioner Jammu, Simra-ndeep Singh has ordered dismissal of a Girdawar and a Patwari from the Government services for being convicted under Jammu and Kashmir Prevention of Corruption Act.
According to the orders, Mohd Rashid, son of Faiz Mohd, during his posting as Patwari Halqa Ghar Majoor in Akhnoor tehsil was caught red-handed by the Vigilance Organization in the month of February 1995 while demanding and accepting illegal gratification from one Daya Ram, son of Sita Ram of Ghar Majoor for issuing an attested copy of the Jamabandhi.
The Patwari was produced before the Court of Anti-Corruption Jammu and accordingly charges were framed against him. On July 14, 1998 the Special Judge Anti-Corruption held the accused Patwari guilty of the charges framed against him and sentenced him to rigorous imprisonment for two years.
However, the Patwari challenged the decision of the Trial Court before the High Court, which vide its order dated July 31, 2007 dismissed the appeal and upheld the order of Trial Court with slight modification in the quantum of the punishment. The accused Patwari even challenged the decision of the High Court in Supreme Court but he failed to get any reprieve and the Apex Court, while dismissing the appeal in the month of November last year, upheld the decision of the High Court of J&K.
However, Mohd Rashid instead of surrendering before the concerned court for undergoing imprisonment, decided to quietly work as Patwari in Tehsil Chowki Choura where he was last posted by the Revenue Department. More-over, during the last one week he is absconding.
As the Patwari has violated the Rule 3 of Government Employees (Conduct) Rules, 1971, which expects every Government employee to maintain absolute integrity, devotion to duty and do nothing which is unbecoming of a Government employee, the Deputy Commi-ssioner Jammu while exercising powers of appointing authority in case of Patwari and Girdawar under Schedule 1-B of Civil Services Regulations, 1956 read with SRO-91 dated March 22, 1982 of Finance Department further read with corresponding SRO-93 dated July 1, 2009 of the Finance Department has dismissed the Patwari Mohd Rashid from the service of the State under Rule 30 of Civil Services (CC&A) Rules, 1956. He has also been disqualified from any future employment under the State.
Moreover, the decision of the Deputy Commissioner is based on the judgment of five member bench of the Supreme Court dated July 11, 1985 which states that when a Government servant is convicted in a court of law, there shall be no requirement of granting opportunity of being heard to the guilty Government servant in departmental proceedings before imposing a penalty upon him under the CC&A Rules.
By exercising similar powers and in the light of July 11, 1985 judgment of Supreme Court, the Deputy Commissioner has also dismissed Mangat Ram, son of Swami Dass of Akhnoor, the then Patwari Halqa Phallian Mandal and presently posted as Girdawar in tehsil office, Chowki Choura, from the services of State of J&K.
Mangat Ram was also caught red-handed while demanding and accepting bribe from one Ajay Kumar Badyal in lieu of preparation of a Fard Intekhab in trap proceedings by the Vigilance Organization Jammu on June 4, 2007.
The case was presented before the Court of Special Judge, Anti-Corruption Jammu for trial and the court vide judgment dated December 18, 2015 held the accused guilty and sentenced him to imprisonment for one year. However, instead of surrendering for serving the sentence, Mangat Ram continued to work on the post of Girdawar.
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