Excelsior Correspondent
Srinagar, Apr 6: High Court today dismissed the plea challenging challan against the LAWDA officials for misappropriation of funds and misusing the public posts.
The challan against accused Mehraj-uddin Shah, M A Chisti (Former DFOs LAWDA) JE and others by the officials of Vigilance Organization, Kashmir, into the allegations of abuse of official position by the officers of Water Shed Management (LAWDA), Srinagar, regarding construction of Gabion Check Dams at Khimber Takya Sangh Reshi, Srinagar.
It was revealed that under a well-knit conspiracy and in connivance with contractors, they have abused their official position and misappropriated lakhs of rupees in construction of Gabion Check Dam which was erected in the shape of stone beds covered with crate wire for treatment of Sangh Reshi Nallah at Khimber Takya Srinagar. It was found that ten works were executed by different contractors at the cost of Rs.109.97 lakhs during the financial years 2006-07, 2007-08 and 2008-09.
That allegation against the petitioner-officers of LAWDA is that they prepared the estimates for as many as four works and kept the provision for getting stones from Athwajan quarry fully knowing well that the area in question is full of stones and that there is no need to get stones from outside source.
According to the charge sheet, this provision of getting stones from outside source was done with an intention to draw the amounts representing the cost of stones from Athwajan quarry while actually using the stones available on the site and to draw amounts on account of carriage charges as well. These allegations are supported by the material on record as they were the architect of the estimates which became the basis of future execution of the works.
Justice Sanjay Dhar said that had the petitioners not kept any provision for getting stones from outside sources in the estimates prepared by them, it would not have been possible for the co-accused to draw the money on account of cost of carriage charges and cost of stones from outside sources. “The mere fact that the petitioners were not working in the department at the time when the actual crime took place, would not make any difference”, Court observed.
Court said that it is clear that it is not necessary that every participant in a criminal conspiracy should have the knowledge of the part that is being played by other co-conspirators or that his participation should be from the very inception of the conspiracy to its actual execution.
“So, the contention of the learned counsel for the petitioners that the petitioners were disassociated from the entire process long before the actual works were executed and payments were made to the beneficiaries and, as such, they cannot be booked for the offence of criminal conspiracy, is without any merit. For the foregoing reasons, I do not find any merit in this petition. The same is, accordingly, dismissed”, Court concluded.
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