Rejects motions seeking discontinuance of proceedings
Mohinder Verma
JAMMU, Oct 13: State Accountability Commission has rejected the motions moved by the former Minister and others seeking discontinuance of proceedings initiating against them in the much publicized case of embezzlement worth crores of rupees and illegal appointments in the cooperative societies and banks. Moreover, the Commission, while making it clear that regular inquiry will continue in view of serious allegations of corruption and maladministration, has sought their response by next date of hearing.
The State Accountability Commission (SAC) vide order dated May 11, 2013 had ordered regular inquiry against Dr Manohar Lal Sharma, the then Minister for Cooperatives, Abdul Hameed Wani, the then Commissioner/Secretary to Government, Cooperative Department and Mohd Abbas, Registrar Cooperatives and others after a prima-facie case of gross irregularities was made out against them.
However, before the regular inquiry would take off, the Commission’s jurisdiction to initiate proceedings for inquiry against the respondents was questioned in the High Court and Single Judge held that Regulation 9 of the J&K Accountability Commission Regulations 2005, which prescribed procedure for suo-moto actions, was ultra vires the J&K Accountability Commission Act. Accordingly, the proceedings initiated against the respondents were quashed.
Against the judgment of Single Judge, the Commission filed appeals before the Division Bench. But before these appeals were taken up for consideration, the proceedings against the respondents were dropped by the Commission in view of the orders passed by the Single Judge.
Later, the Commission’s appeals were allowed by the Division Bench and accordingly the judgment of Single Judge was set-aside. In view of the orders passed by the Division Bench, the SAC, after notice to the respondents, restored proceedings for inquiry. In the meanwhile, the former Minister Dr Manohar Lal Sharma challenged the judgment of DB before the Supreme Court, which on July 21, 2017, brushed aside the challenge to suo-moto powers and upheld the judgment of DB of J&K High Court.
Armed with the Supreme Court judgment, the SAC initiated steps for taking forward the proceedings for inquiry. However, the former Minister as well as accused officers moved motions seeking discontinuance of proceedings against them on three different grounds.
The Full Commission comprising Justice B A Khan (Chairperson) and Justice J P Singh and Justice B A Kirmani (Members), which met at Srinagar few days back, considered the submissions of the counsels appearing for the respondents and examined the records. Finally, the Commission has rejected the motions moved by the respondents with the direction to the former Minister and others to file their response to the allegations against them by next date of hearing, sources told EXCELSIOR.
About the first ground taken by the respondents in seeking discontinuance of the proceedings, the SAC, as per the sources, has observed, “though there was no complaint in terms of the Act and Rules before the Commission yet the plea of respondents may not affect the proceedings taken against them because the SAC has proceeded against them in exercise of its suo-moto jurisdiction”.
“It was on the basis of the material made available during scrutiny that the SAC recorded findings justifying regular inquiry against the respondents”, sources said quoting the observations of the Full Commission.
About the second ground of the respondents that SAC cannot revive proceedings in view of the closure of inquiry against them in terms of order dated May 9, 2013, the SAC, as per the sources, has observed that there was no impediment in reviving proceedings after the judgment of the Single Judge was set-aside.
It has further been observed that the SAC, in terms of the order of the Division Bench, was duty bound to revive the proceedings so as to implement the final order of the High Court and to inquire into serious allegations of corruption against the Minister and mis-management of the affairs of the cooperative societies.
Responding to other grounds, the SAC has observed that there was sufficient material indicating inaction of the Minister in proceeding against the functionaries of the cooperative societies for their acts of corruption and mis-management, which had resulted in huge financial loss to the societies. “For meaningful inquiry, it is imperative to examine the role and conduct of the functionaries of the cooperative societies while continuing with the inquiry against the Minister”, sources said quoting the observations of SAC.
The SAC has also found no weight in the plea that the Government had limited role in the affairs of the cooperative societies, sources said. The provisions of the Cooperative Societies Act do vest sufficient jurisdiction and power in the Government and the Minister to interfere into the affairs of the cooperative societies so that the same are run effectively.
Follow our WhatsApp channel