Alleged fraudulent appointment case
Excelsior Correspondent
SRINAGAR, July 24: Special Judge Anti-Corruption Srinagar R N Wattal has acquitted three persons in the fraudulent appointment case as the prosecution failed to prove the charge against them beyond any reasonable doubt.
The charge sheet against the accused persons owes its origin to written complaint addressed to Crime Branch that one Parvaiz Ahmad Wani was appointed as a Laboratory Assistant on the basis of fake order and his service book was prepared fraudulently.
Preliminary verification was conducted and it came to fore that name of Parvaiz Ahmad Wani was recommended by Divisional Commissioner Kashmir for his engagement as Laboratory Attendant for 89 days and Principal Government Higher Secondary School Nawa Kadal, Zainab Indrabi issued appointment order as Lab Assistant in favour of Parvaiz Ahmad Wani on regular basis in complete disregard to the recommendations of Divisional Commissioner Kashmir.
The preliminary enquiry culminated into the registration of FIR No 41/2001 under Sections 420, 468, 409, 471, 120-B read with Section 5(2) of the Prevention of Corruption Act at Police Station Crime Branch. During investigation, it came to the fore that Zainab Indrabi hatched a criminal conspiracy with accused Farooq Ahmad Wani who happened to be the real brother of the beneficiary Parvaiz Ahmad Wani and issued fraudulent appointment order by misusing official position.
The accused Zainab Indrabi and Farooq Wani, the Senior Assistant being Government officials, accordingly requisite sanction in terms of Section 6 of Prevention of Corruption Act was obtained from the Government and charge sheet was presented before the court for judicial determination.
After considering all the aspects, the Special Judge Anti-Corruption observed, “the prosecution has failed to prove the fake appointment mainly because of faulty investigation and casual approach while pursuing the case in the court”, adding “prosecution has failed to prove the charge against the accused beyond any reasonable doubt and therefore, accused deserve to be acquitted by extending them the benefit of doubt”.
“Before parting, I am predominantly convinced that approach of the accused as public servants has been devilish but there is nothing on the file in the shape of cogent and clinching evidence to establish and substantiate the same”, the Special Judge said, adding “the Investigating Officer has done the investigation in casual way and the record in the court has not been proved as per evidentiary jurisprudence”.
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