Excelsior Correspondent
JAMMU, Oct 22: Government of Union Territory of Jammu and Kashmir has summoned Facebook India Head Ajit Mohan in alleged cyber fraud allegations.
The summon has been issued by Secretary Information Technology Department Simrandeep Singh while acting on a complaint filed under IT Act 2000 by a Jammu resident Vivek Sagar through Advocate Deepak Sharma.
The Country Head of the social networking site has been asked to appear in person before the Adjudicating Officer on November 12, 2020. The notice for appearance has also been issued against Rajiv Jain, Director Bajaj Finance Ltd, Pritesh Lahoti and Dinesh Kadam, Director Quadrant Televentures Limited.
The complainant has alleged that Facebook and other respondents have violated the provisions of the IT Act 2000 and have defrauded him of Rs 20,700.
“By such acts of omissions and commissions on the part of respondents, the complainant has suffered not only financially but also mentally as the respondents by making contraventions of the provisions of the Information Technology Act, 2000, has caused undue loss to the complainant by dishonestly inducing the complainant to transfer an amount of Rs 20,700 in to the bank account number of the respondent”, the counsel for the complainant has submitted.
“In order to the inquiry/adjudicate into the allegations levelled by the complainant, you are directed to appear in person before the undersigned office on November 12, 2020 at 1100 hours “, read the notice issued by Secretary IT Department to Country Head of Facebook.
Pertinently, under Section 46 of the Information Technology Act, 2000, the Secretary, Department of Information Technology is designated as Adjudicating Officer by the Government to deal with complaints in which the claim for injury or damages does not exceed Rs 5 crore.

‘Generations need to be educated on Pak’s ulterior motives’

Time to lift veil from Pak sympathisers

Excelsior Correspondent
SRINAGAR, Oct 22: The present generation needs to be educated about proxy wars and Pakistan’s ulterior motives, Jammu and Kashmir Lt Governor Manoj Sinha said today, citing former Chief Minister Sheikh Abdullah’s remarks on the loot and massacre done by Pakistani army and its raiders on this day in 1947.

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Addressing a symposium, organised for the first time to mark October 22 as a ‘Black Day’, Sinha also referred to Maqbool Sherwani, a National Conference worker, who delayed the march of the Pakistan-army supported tribals from Baramulla by four days so that the Indian Army could reach there.
“When this barbarity was going on, our Kashmiri brother Maqbool Sherwani raised his voice, but he was fired upon. The martyrdom of the hero of Baramulla, Maqbool Sherwani, busts the years-long propaganda of Pakistan’s holy war.
“The people of Kashmir that time raised the slogans of hamlawar khabardar, hum Kashmiri hain tayar (Beware attackers, we Kashmiris are ready). They had no guns, but used sticks in guise of guns to threaten the Pakistan army,” Sinha said while appealing to the people not to forget the sacrifices of the soldiers and civilians who laid down their lives.
This is for the first time since Independence in 1947 that an official function is being held in Jammu and Kashmir to mark October 22 when Pakistani tribals raided the then princely State ruled by Maharajah Hari Singh.
The Jammu and Kashmir administration along with the Culture Department is holding a two-day exhibition and symposium here highlighting the atrocities committed by the Pakistani invaders in Kashmir under Operation Gulmarg.
“The leader of terror in the world, our neighbouring country, has not only lied in the Kargil war of 1999, but 73 years ago as well when it put the clothes of Pakhtoon people on its army personnel.
“We should not forget that the Pakistani establishment was fully behind the wounds inflicted on Kashmir and Kashmiriyat on October 22,” Sinha said, adding generations have passed, but the pain has not gone away as “the wounds inflicted on the hearts are still raw”.
“The youth of the new generation of Jammu and Kashmir may perhaps not know how Pakistani rulers and their army mercilessly killed our innocent brothers, burnt our houses, raped our sisters and daughters under operation Gulmarg…
“We want to remind our new and old generation how this soil of Sarv Dharm Sambhaw (communal harmony), unlimited love and Sufism was painted with the blood of innocents by Pakistani army leaders, Mohammad Ali Jinnah and his army on the Black Day of October 22 that turned the centuries-old brotherhood into animosity,” he added.
He said continued atrocities were a “reality of Pakistan”.
“…But today, some people say several types of things. I want to tell them that they should remember what Sheikh Abdullah had said in 1948. He said that Pakistani attackers had killed thousands of innocents on our soil, kidnapped girls of all religions and destroyed properties. So, there is a need to break the lies being spread over the years,” he said.
Sinha said time had come to lift the veil from Pakistan and its sympathisers.
“I think we should do it with promptness. The stories of Pakistan’s betrayal, the bravery of the people of Jammu and Kashmir against the Pakistani army and its proxies, and the sacrifice of our brave jawans should reach everyone. That is the aim and objective of this symposium and exhibition,” he said.
The LG said the world has understood the reality behind Pakistan’s lie and propaganda that the attackers were just Pakhtoon tribals.
“We have to fully understand this nefarious act of Pakistan that the army which killed the people of Kashmir consisted of people from the Pakistani Government and its army. I have read documents in which it is written that every tribal contingent was commanded by the officers of the Pakistani army,” he added.
The LG said while October 22 is a black day, it is also a moment in history of which the new generation has to be made aware.
“Terror is the biggest enemy of humanity. You all know who is the nourisher of terror since 1947. If you see the reports of any intelligence or security agency of the world, you will get the answer in clear terms,” he said in an apparent reference to Pakistan.
“We will face challenges on the way of development and trust which we are treading, but I want to assure you that we will stand up to them and rest only when we make Jammu and Kashmir, which is the crown of India, the most developed region,” he added.
Union Minister of State for Culture & Tourism Prahlad Singh Patel joined the function through virtual mode.
“On this day, we remember Mahavir Chakra awardee Brigadier Rajinder Singh and his troops, who, despite being heavily outnumbered, defended our borders, and laid down their lives while successfully keeping the enemy at bay,” Sinha said.
It is documented that the Pakistani army and its proxies crossed Garhi Habibullah and attacked Muzaffarabad, and just as they ruthlessly killed civilians, they also murdered some of our soldiers. The ruthless Pakistan army killed Hindus and Sikhs and forcibly sold their young women in Rawalpindi and Peshawar. Even Sister Maria, a nun at a Baramulla Church was killed. Maqbool Sherwani, a Kashmiri who resisted them, was also shot down mercilessly by the Pakistani marauders, he added.
Speaking on the occasion, Baseer Ahmad Khan, Advisor to the Lt Governor threw light on the genocide, loot and plunder inflicted by militia backed by Pakistan army and administration. He also spoke on how groups of Kashmiri people courageously faced and pushed back Pakistan militia.
Raghvendra Singh, Secretary, Ministry of Culture, CEO, DMCS; DG, National Museum and VC, National Museum Institute, delivered the welcome address. Prof (Dr) Manvi Seth, Dean, National Museum Institute presented the Vote of Thanks.
BVR Subrahmanyan Chief Secretary; Rohit Kansal, Principal Secretary, Power Development Department, and Information Department; Sarmad Hafeez, Secretary to the Government, Youth Services and Sports, Tourism and Culture Departments ; Munir Ul Islam, Secretary, Jammu and Kashmir Academy of Art, Culture and Languages (JKAACL) and other senior officers, besides large number of people were present on the occasion.
The National symposium was attended by prominent scholars and experts on the subject.

Personal files, official work disposal will also be considered

No bar on review even after retaining of officers

Mohinder Verma
JAMMU, Oct 22: To ensure efficiency and effectiveness of the Government servants, the Union Territory of Jammu and Kashmir has incorporated several new provisions in Article 226(2) of the Jammu and Kashmir Civil Service Regulations, which deals with compulsory retirement of the officials on completion of 22 years of qualifying service or on attaining 48 years of age.
Under the new provisions, a detailed mechanism to be followed for compulsory retirement of the Government servants has been defined so that such cases can withstand the judicial scrutiny in case officials declared as ‘dead-wood’ knock at the doors of the court of law against the Government decision.
“In exercise of powers conferred under proviso to Article 309 of the Constitution of India, the Lieutenant Governor has directed for incorporation of new provisions in Article 226(2) of the Jammu and Kashmir Civil Service Regulations”, read the notification issued by the Government.
Article 226(2) empowers the Government to retire any Government servant other than one working on a post which is included in Schedule-II of these Rules, after he or she has completed 22 years of qualifying service or on attaining 48 years of age. However, this power can be exercised provided that the appropriate authority gives a notice to the Government servant at least 3 months before the date on which he is required to retire or three months of pay and allowance in lieu of such notice.
Earlier under Article 226(2) no explicit time-frame was fixed for review of the performance of the Government servants. Now, it has been mentioned that this exercise will be initiated for each Government servant for the first time after his/her completion of 22 years of service or attaining 48 years of age and any time subsequently as may be required.
As per the new Article 226(2), a register of the Government servants, who are due to attain the age of 48 years or to complete 22 years of service, has to be maintained by the Administrative Department and such a register will be scrutinized at the beginning of every year by officers to be nominated by the Administrative Department concerned.
A new clause “Subsequent Review” states that there is also no bar on the Government to review any such case again where it was decided earlier to retain the officer but the Administrative Department is of the opinion that it is expedient to undertake the review again on account of changed circumstances in public interest.
The Government servants will be recommended for compulsory retirement in case their integrity is doubtful; if found to be ineffective in work and the basic consideration in identifying such Government servants would be their fitness/competence to continue in the post held and their utility for the purpose for which they are employed.
“A Government servant retiring on superannuation within a period of one year from the date of consideration of his/her case may be retired under these regulations where there is a sudden and steep fall in the competence, efficiency or effectiveness”, read the new provision. Similarly, a Government servant whose service during the preceding five years or since his or her last promotion has deteriorated suddenly or substantially will be considered for compulsory retirement.
The new provision further read: “All relevant portions of the entire service record of a Government servant may be considered at the time of review. The review should not be confined to the consideration of the ACR/APAR dossier only as the personal file of the Government servant may contain valuable material. Similarly, his or her work and performance could also be assessed by looking into files dealt with by him or her or in any papers or reports prepared and submitted by him or her. Even un-communicated remarks in the ACRs/APARs may be taken into consideration as well as any other records which are material to the decision”.
The cases of the Government servants for consideration of compulsory retirement will be placed before the General Administration Department by the review committees and GAD will process the recommendations of the review committees for approval of the competent authority.
In case of officers holding grade of Under Secretary and above, the review committee will be headed by officer of the rank of Chief Secretary or Principal Secretary to be nominated by the Lieutenant Governor and comprised Principal Secretary to Lieutenant Governor, Principal Secretary to the Chief Minister (in case of elected Government) and Administrative Secretaries of Home, GAD and Law Departments.
The review committee in case of non-gazetted officials will be headed by concerned Administrative Secretary and comprised Administrative Secretaries of Home, GAD and Law Departments. Moreover, there will be a representation committee for examination of representations and internal committee to ensure that service records of the Government servants being reviewed along with a summary, bringing out all relevant information, is placed before the review committee.
Moreover, there is a provision for representation against premature retirement, which states: “After issue of the orders of premature retirement, the concerned Government servant may put up representation for orders otherwise, within three weeks from the date of service of order and matter may be placed before the representation committee to be constituted for the purpose”.
The examination of the representation will be completed by the Administrative Department within eight weeks from the date of receipt of the representation and the Administrative Department will thereafter submit its report to the General Administration Department for its placement before the representation committee, which will forward its recommendations to the GAD for orders of the Lieutenant Governor in coordination.

‘Reasons for pendency are flimsy, no accountability’

GAD Secy asked to furnish info or appear in person

Excelsior Correspondent
JAMMU, Oct 22: Division Bench of High Court comprising Justice Rajesh Bindal and Justice Sanjay Dhar today passed strictures against the Jammu and Kashmir Anti Corruption Bureau (ACB) for sitting over the corruption cases and directed the General Administration Department to file the information sought vide earlier orders failing which its Secretary shall appear in person on next date of hearing.
While dealing with the Public Interest Litigation (PIL) regarding the corruption cases, the DB observed, “the manner in which FIRs with serious offences are being taken up does not inspire confidence”, adding “in case the Anti-Corruption Bureau is facing difficulty on account of incompetence to investigate these FIRs, the court be apprised of the same so that alternative means can be explored to ensure that these cases are brought to the logical end at the earliest and not buried under the carpet”.
Vide previous orders the Division Bench had directed General Administration Department to furnish information about the departmental action taken against the Government employees involved in corruption matters and the status thereof.
Vide order dated 21.07.2020, certain information was asked from the respondents as it came to the notice of this court that there are number of FIRs registered for serious offences including under the Prevention of Corruption Act, where investigation had not been concluded and challans presented in courts for more than a decade. Additionally, information was also asked from the General Administration Department regarding the present status of the employees involved in the criminal cases and also the benefits they may have been drawing.
In response, status report was filed on 21.08.2020 but the same was not exhaustive. More time was sought by the respondents to file a fresh status report. Subsequent thereto, the status report dated 01.09.2020 has been filed. “The information as is forthcoming in the aforesaid report is astonishing”, the DB remarked.
“From the year 1998 to 2018, there were total 295 cases registered with the Anti-Corruption Bureau and out of these, 31 cases are pending wherein either investigation could not be concluded or the challans could not be presented on account of the interim orders passed by this court”, the DB said.
“In 35 cases, the matter has been sent to the competent authority for sanction of prosecution for presentation of challan but the same is lingering on for years together, apparently, in some connivance”, the DB said, adding “in 18 cases, final report has been submitted to the central office of the Anti-Corruption Bureau but they are sitting tight over the matters”. Similarly, in 14 cases, directions have been issued for further reinvestigation but the same are pending and in about 2/3rd of the total cases— 192 out of 295, the investigation is still in progress.
“Coming to more details if seen with reference to cases pending in Jammu region, there are FIRs of the years 2009, 2012, 2013, 2015 and 2016, where the matters were referred to the competent authority for sanction of prosecution, but no final decision”, the DB said, adding “investigation in FIR No. 1/2008 has been completed now and it is claimed that the closure report is under preparation and will be produced in the court shortly”.
The DB observed, “one can easily imagine what kind of investigation is possible in a case, which remained under investigation for more than a decade”, adding “in number of cases registered way back in the years 2012-13, the Presiding Officer of Anti-Corruption Bureau Court had issued directions for further investigation, more than three years back but still the investigating agency is sitting tight over the matter”.
The DB further observed that in FIRs registered way back in the year 2008 under the Prevention of Corruption Act pertaining to the Industries Department, the current status of the investigation is mentioned as ‘posting details of the accused are being ascertained and some record is being obtained’. “This shows in last 12 years even this information from the relevant record could not be procured by the investigating agency. It shows either unwillingness or incompetence and connivance of the persons at the helm of the affairs, also cannot be ruled out”, the DB added.
“There is another FIR of 2009 against the then Vice Chancellor, Sher-e-Kashmir University of Agricultural Sciences and Technology, Jammu and other senior officers. After more than a decade, the status is that the case has been concluded and final report is under preparation. There cannot be any possible explanation for keeping the investigation pending for more than a decade. The benefit of that always goes to the accused”, the DB said, adding “anyone can imagine the result of a trial, investigation of which takes decades. This may be the apparent object. This only shows that there is no responsibility or accountability of any officer”.
One FIR is registered in the year 2011 against the former Minister of R&B, Managing Director of J&K Project Construction Corporation, the then Chief Engineer R&B Srinagar and Jammu, General Manager JKPCC, Jammu, Senior IAS/KAS Officers, CEO J&K CDA, Director Planning Department and other officers. The status is that the matter was submitted to the Central Office after conclusion of investigation in July, 2018 and was sent back in October, 2018 with certain observations but thereafter the matter has been put under the carpet apparently for the reason that high officials are involved, the DB noted, adding “such a system will certainly shatter faith of the public in the investigating agency”.
“Similar are the remarks pertaining to other FIRs registered against the functionaries in the Government, which include the then Vice Chairman, Jammu Development Authority, Joint Commissioner, Jammu Municipal Corporation, Managing Direction of the State Financial Corporation, Executive Director, State Social Welfare Board, Executing Engineers, and other officers in the Revenue Department. In many of the cases, with the passage of time, the accused have retired. May be investigations were kept pending to wait for that eventuality”, the DB said while expressing serious concern.
“There are number of cases in which FIRs have been lodged way back in the year 2009, 2012 and 2013 but the unfortunate state of affairs would be evident from the fact that sanction for prosecution has been sought in the years 2017, 2018 and 2020, respectively”, the DB further pointed out.
As far as Kashmir province is concerned, there are cases pending for sanction of prosecution for more than two years. “Apparent reason of sleeping over these matters is connivance with the accused. As a result, the conduct of these officers also need to be examined for abetting the crime and not letting the investigation reach the logical end”, the DB said.
“The oldest FIRs pending for investigation pertains to the year 1998. The excuse given is that the relevant information is not being furnished by the offices concerned, as if the investigating agency is helpless against the accused or the persons who are conniving and siding with the accused”, the DB further said, adding “in many of the cases, the court had to send back these cases to the investigating agency for further investigation”.
It was only because of the shoddy work done with an idea to shield the accused and not bring the criminal to book. “The reasons assigned for pendency of the investigation in the FIRs are flimsy, which no prudent person can accept especially from an agency which has been given the work of investigating serious crimes under the Prevention of Corruption Act”, the DB said, adding “this is one of the reason that the corruption is rampant, as everyone knows that even if a case is registered, the same will not be taken to its logical conclusion for decades”.
The DB further pointed out that in some cases investigation is pending for the reason that information from the bank is not forthcoming. In one FIR registered in the year 2013 against the senior officers of Public Health Engineering Department pertaining to allegations of 21 non-existing works, the scope was expanded to include 236 works but the investigation is still pending. “Crores of public money must have been withdrawn from the treasury without authorization”, the DB said, adding “in one case pertaining to the Engineering Department where FIR is pending consideration from 2013 onwards, the reason assigned is non-cooperation of the concerned department. Apparently, they are all co-sharers in the loot. Hence, any cooperation in investigation cannot be to their benefit”.
“The investigating agency has apparently surrendered before these unscrupulous corrupt persons in the system, who have either been directly arrayed as an accused in the FIR or conniving in not letting the investigation completed”, the DB remarked, adding “there are FIRs registered for irregularities and illegalities committed in transfer of land under the Roshni Scheme but investigation has still not concluded. The files apparently move from one office to another and then to the Central Office with different queries like of shuttle cock. Everyone knows that shuttle cock has a life and thereafter it is dead and not worth use”.
The DB further observed that information sought from the General Administration Department has not been furnished till date, though it is said to be the custodian of entire record. “It may be uncomfortable to furnish information as many of the officers involved in the cases under PC Act may be enjoying plum postings even now and may have been granted all service benefits including promotions during the pendency of investigation”, the DB said, adding “this is also a fact that in many cases the employees remain under suspension for decades with no charge sheet issued and suspension allowance being paid to them. They are finally reinstated because of delays in the processes and are paid all dues without working”.
“There are other criminal cases also registered for heinous crimes, including under NDPS Act, investigation in which is pending for years. Regarding quality of investigation also this court had made observations in number of cases. For that also answer is required from the investigating agencies concerned”, the DB said, adding “a copy of this order be placed before the Chief Justice with reference to the details of the cases pending before the Srinagar and Jammu Wings of this court in which either investigation or presentation of the challan has been stayed so that the matter could be taken up on priority and disposed of”.