Excelsior Correspondent
Srinagar, June 24: The State High Court today directed Vigilance Organization to register an FIR and investigate the fraudulent appointments and misappropriation of funds in the Department of Education.
Justice Hasnain Masoodi in a petition filed by seven persons suspended officials of Education department and directed the Vigilance department to lodge FIR and conduct investigation into the fraudulent appointments in Education Department and creation of SSA Schools in District Budgam.
“Respondents shall be free to act on communication of GAD dated 10.12.2013 and communication of Deputy Secretary Education dated 31.12.2013. The final outcome of enquiry and investigation in case it is concluded before the disposal of writ petition, may be brought to the notice of the court”, directed the bench of Justice Masoodi.
Court also directed the investigation officer while conducting the investigation to look into the malpractices, engagements of underage persons as contingent paid workers, their illegal regularization and embezzlement in Education Department Budgam, committed with active or implied approval of authorities. The petitioners say authorities were aware of appointment of minors whose age was 7 to 14 years and were engaged as contingent paid workers as also appointments of ReTs.
Petitioners have stated that the Director School Education was directed to place 13 officers under suspension but he opted selective action and placed only 7 officers under suspension after the complaint was addressed to the then Chief Minister by the Inhabitants of Budgam through their Sarpanch and the Committee was formed headed by the then Deputy Commissioner Budgam, Khursheed Ahmad Shah, with Tariq Ali Mir, the then DSEK and Mohammad YaseenS ofi, the then District Treasury Officer, as its members. The enquiry conducted found that 114 contingent paid employees were unauthorisedly and fraudulently engaged and thereafter regularized.
It was also found by the committee that 14 appointments are minors in the age group of 7 to 14 year on the date of their regularization. It also found that appointment of ReTs were made on the basis of fake certificates. The report also identified the officers found involved in alleged malpractices.
It has been further stated before the court that one of the members of the committee Tariq Ali Mir, the then DSEK, as is apparent from a communication dated 20.4.2013 was aware of the engagement of minors in the department. He, therefore, instructed Chief Education Officer, to treat the date of minor appointees on the date they attained adulthood. The petitioners seek identification of all officers involved in alleged malpractices and action against them.
Court observed that delay in enquiry and investigation of the matter may make the record disappear. “In case on conclusion of enquiry it is found that enquiry or investigation was warranted it may be difficult, if not impossible, to dig out true facts and fix responsibility”, court said.
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