Excelsior Correspondent
JAMMU, Dec 26: The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a petition filed by Ghulam Rasool Baba, former Accounts Officer in the office of Director, Health Services, Kashmir, seeking quashment of criminal proceedings arising out of FIR Number 40/2000 registered with Police Station Vigilance Organisation, Kashmir (VOK).
A Bench of Justice Sanjay Dhar upheld the continuation of the trial pending before the Special Judge, Anti-Corruption, Srinagar, holding that sufficient material exists at this stage to proceed against the petitioner for offences under the J&K Prevention of Corruption Act and the Ranbir Penal Code, including conspiracy and forgery-related provisions.
As per the prosecution case, the FIR was registered on allegations of large-scale misappropriation and fraudulent withdrawals from the State Treasury, Beerwa, during the postings of certain Block Medical Officers and other officials. With regard to Baba, the charge-sheet alleges that he facilitated illegal and fraudulent drawl of Leave Travel Concession (LTC) amounting to Rs 6,99,880 by manipulating records and abusing his official position. He is also accused of according sanctions “without competence” to enable adjustment of claims of certain doctors in violation of rules.
The Court noted that the trial court had already framed charges on July 31, 2017, and observed that the petitioner’s plea for discharge would be deemed to have been rejected along with the framing of charges. On the issue of sanction for prosecution, the High Court held that since the charge-sheet against the petitioner was filed after his superannuation, no sanction was required.
Rejecting the contention regarding violation of the right to speedy trial, the Court recorded that the delay was not attributable to the court or the prosecution but was due to various circumstances, including non-appearance of some accused. It was also noted that two accused had died during the pendency of the challan.
The petitioner was represented by Advocate Arshid Andrabi, while the respondents were represented by Senior AAG Mohsin Qadiri, assisted by Maha Majeed.
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