Excelsior Correspondent
SRINAGAR, Sept 25: High Court has directed the trial court to consider the challan filed by the ACB in back door entries in the Custodian Department within two months and directed the accused employees to submit fresh bail and personal bonds before trial court for their release.
The two employees Khurshid Ahmad Khanday and Javaid Ahmad Bhat in the instant petition were seeking quashing of FIR filed against them along with officers of the Custodian Department who were at the helm of affairs at the point of their appointment.
The FIR No. 22/2014 was registered by the then Vigilance Organization (now ACB) under Prevention of Corruption Act after the secret verification conducted by the ACB Kashmir on the allegations regarding illegal appointment of Khanday and Bhat in the Custodian Department by Abdul Majid Wani, the then Custodian Evacuee Property, Jammu, by abusing his official position in connivance with then Custodian General, Evacuee Property, J&K without advertising these posts as such deserving candidates were denied the opportunity of engagement on merit and open competition.
During verification, it transpired that employee-Khanday was initially engaged on consolidated basis in the Custodian Evacuee Property, Kashmir in the year 2003 and after working for a period of only eight months, he was adjusted as an Orderly in the said Department in the year 2004 by the then Custodian General, J&K.
Further immediately after two months, he was promoted as Junior Assistant and likewise employee Bhat was engaged on consolidated basis in the year 2005 in Custodian Evacuee Property, Jammu and after working for three months on consolidated basis, his services were regularized in grade pay scale of the post of Junior Assistant by Custodian General, J&K.
During the investigation it has surfaced that both the employees were the maternal cousins of then Custodian Evacuee Property-Abdul Majid Wani and were appointed by pick and choose method being the relatives of Custodian Evacuee Property-Wani and their regularization orders were issued after a very short term of their service on consolidated basis in total contravention to the Rules of the Government.
Justice Rajnesh Oswal dismissed the plea and directed the trial court on consider the challan proceedings expeditiously and particularly within two months with the direction to the accused-employees to file fresh bail and surety bonds before the trial court for their bail as they are already on bail in the aforesaid offence since 2019.
Justice Oswal in view of the facts of the case and complicity of the accused-employees in the commission of offence and other public servants as established by the Investigating Officer said, the grounds urged by these employees cannot be considered for the purpose of quashing the FIR.
“From the perusal of the FIR, it cannot be said that no offence is made out against the petitioner-employees more particularly the mode and manner, in which they were not only appointed but also regularized and promoted in the Department of Custodian”.
Court viewed that once the matter is pending before the Special Judge, Anticorruption, Kashmir, Srinagar, this court does not deem it proper to examine the merits of the claim of either of the parties lest it shall prejudice them during the course of hearing on charge/discharge.
The other officials beside Custodian Evacuee and Director Custodian involved in the offences are the then Junior Engineer, the then deputy custodian etc.
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