Excelsior Correspondent
SRINAGAR, July 7: High Court quashed the FIR to the extent of the then Medical Superintendent (MS) SMHS hospital for charges of breach of trust, forgery and cheating citing that he has been already exonerated by the departmental proceedings.
Dr Waseem Qureshi the then Medical Superintendent SMHS hospital challenged the FIR No. 28 of 2010 registered in the Police Station Vigilance organization Kashmir (now ACB) for misappropriation of hospital funds.
As per the impugned FIR, a Joint Surprise Check (JSC) was conducted into the allegations of misappropriation of public revenue by Mohammad Amin Nazki, Cashier and other officers/officials of SMHS Hospital, Srinagar, during the period 01.04.2007 to 16.03.2010.
During the JSC, it was found that public revenue was collected by the office of Medical Superintendent, SMHS Hospital, Srinagar, from different sources, namely, investigation charges, parking charges, rent of the canteen of the hospital through Deputy Medical Superintendent/ Medical Record Officer and was being handed over to Cashier of SMHS Hospital, Srinagar, for its remittance/deposition under three heads, namely, Hospital Development Fund (HDF), 0210 (Government Revenue) and 8443 (Revolving Fund Deposit).
It is further alleged in the impugned FIR that JSC conducted revealed that during the period prior to April 2007 to March 2010, an amount of Rs.1,43,89,360 was realized as revenue under different heads from the public and the same was handed over to Nazki, Cashier, for its remittance to Government Treasury, Tankipora, and J&K Bank.
However, he unauthorizedly and illegally incurred an expenditure of Rs.63,52,514 on different components, namely, salary, refunds and refreshment charges out of the aforesaid amount. It was also found that he willfully retained an amount of Rs.80,36,846 and did not deposit the same in the Government Treasury/J&K Bank for a considerable period with criminal intent to misappropriate the same.
It was found that he had resorted to manipulation of records, namely, Cash Book etc. Thus, it was found that he in league with concerned DDOs and other officials of SMHS Hospital, Srinagar, has misappropriated public revenue of Rs.80,36,846.
Justice Sanjay Dhar after full consideration of the case said, the Enquiry Committees have exonerated the petitioner-Qureshi of the charges levelled against him and the Government has only issued a warning against him on account of his lack of supervision over the accounts wing as such he cannot be made suffer to criminal prosecution.
“Therefore, the petitioner, on the basis of the material collected by the investigating agency during the investigation of the case and on account of the fact that he has been fully exonerated by the two enquiry committees in the regular departmental proceedings, cannot be made to suffer the criminal prosecution emanating out of the impugned FIR”, reads the judgment.
In these circumstances, the Court viewed that his case to quash the FIR to his extent is fit one for exercising its powers under Section 482 of Cr. P. C for quashing the criminal CRMC proceedings against him so as to secure the ends of justice and to prevent abuse of process of law. “Accordingly, the petition is allowed and the impugned FIR and the proceedings emanating therefrom to the extent of petitioner only, are quashed”, the court concluded.
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