Excelsior Correspondent
JAMMU, Mar 31: State Accountability Commission (SAC) has imposed a cost of Rs 5000 on the petitioner for leveling unfounded allegations against the former Minister.
The complainant had made allegations against Vikar Rasool, the then Minister Incharge Technical Education, Youth Service & Sports Department of the State Government saying that the Minister had accorded approval for allotment of contract of Solar Power Plant in favour of TATA Power Solar Systems Ltd on extraneous considerations and in violations of the guidelines issued by the Finance Department.
Besides these allegations the complainant had referred to several other acts of omission and commission regarding non-functioning of the solar power plants. On the complaint, notice was issued to the then Minister, who filed his objections. It was indicated in the objections that the NIT was issued, tender accepted, work allotted and supply order issued before Vikar Rasool assumed independent charge of the department.
During the course of consideration, it was admitted by the complainant’s counsel that an error had appeared in the complaint in accusing Vikar Rasool to have conspired with others to allot contract in favour of M/s TATA Power Solar Systems Ltd for extraneous consideration but all this had happened because of a bonafide mistake in that the complainant was given to understand that Vikar Rasool was the Minister Incharge of the department at the time of grant of the contract and it was on the basis of this information that he had filed the complaint.
Counsel for the complainant submitted that after having come to know that the contract was allotted by another Minister and not by Vikar Rasool, the complainant will seek permission of the Commission to withdraw the complaint with permission to file fresh one against those who were responsible for grant of contract on extraneous considerations.
Counsel for Vikar Rasool, on the other hand, submitted that the complaint be dismissed and proceedings initiated against the complainant for filing a malafide complaint.
After hearing Advocate Choudhary Ghulam Murtaza for the complainant whereas Advocate Bhanu Singh Salathia appearing for the then Minister, Justice J P Singh, Member, State Accountability Commission found that the complainant has realized his mistake immediately after it was reported in writing by Vikar Rasool.
“The present complaint is still in its infancy and pending scrutiny and verification under Section-12 of the J&K Accountability Commission Act, 2002. The complainant having himself admitted his lapse and mistake, action under Section-24 of the J&K Accountability Commission Act, 2002 may not, in the circumstances be appropriate. To proceed against the complainant under Section-24 a finding is required to be recorded that the complainant had known or had reasons to believe that the complaint was false, frivolous and vexatious”, Justice J P Singh said.
“In the facts and circumstances of the case, it may not be appropriate to enter into the arena of holding an inquiry as to whether or not the complainant had reasons to believe that the complaint was false and vexatious particularly when the complainant has opted for withdrawal of the complaint”, the SAC said, adding “this would not, however, mean that the complainant can go scot-free when he had not verified the facts before coming to the Commission and raising unfounded allegations against the respondent. He therefore needs to be burdened with costs for having unnecessarily dragged then Minister, to the commission without verifying facts, though for a short time”.
With these observations, SAC dismissed the complaint with costs quantified at Rs 5000, which Dr Rehmatullah Khora was directed to deposit with the Commission for its payment to Vikar Rasool, the then Minister.
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