Special Judge Anticorruption Kashmir RN Wattal rejected the bail application of Tariq Ahmad Ganie JE Housing Board Unit, Bemina, Sgr who was booked by Anticorruption Kashmir in Disproportinate Asstents case.
Police report reveals that on the basis of a source report received by ACB, Srinagar which disclosed that one Tariq Ahmad Ganie posted as JE in Housing Board has been making huge transactions in his various bank accounts and accordingly verification No. 44/2020 was ordered on 09.09.2020 into the allegations against the said accused/JE. During the course of verification, it reveals that Tariq Ahmad Ganie, JE Housing Board holds various accounts in different branches of J&K Bank in his own name. As per the salary statement provided by the Housing Board, the suspect JE has received a net payable amount of Rs. 10,08,892/- from 1st January 2018 to 30th September, 2020 which stands deposited in his salary account. However, during the course of verification it was found that an amount of approximately Rs. 3 Crore 30 lacs have been deposited in six accounts of said JE through various transactions made in these accounts, which is ex-facie disproportionate in his income, received through salary. Verification conducted has also revealed that huge amounts have been deposited in the accounts of said JE through various transactions made by some contractors who have been executing works of the Housing Board, as allottees. These transactions clearly indicates that the said accused – JE has been receiving huge amounts as illegal gratification/consideration with respect to execution of works on ground from these contractors with respect to execution of works on ground from these contractors. By acting in the aforesaid manner, accused Tariq Ah. Ganie as JE Housing Board, Bemina, Srinagar has abused his official position and has obtained undue pecuniary advantage through illegal gratification from various contractors by way of various deposits accumulated in his bank accounts. This act also tantamount to raising of disproportionate assets by the accused. The aforesaid acts of omission/commission on behalf of Tariq Ahmad Ganie, JE Housing Board Bemina, Srinagar constitute the offence of criminal misconduct U/S 5(1)(d), 5(1)(e) r/w 5(2) of P.C. Act and accordingly case FIR No. 18/2020 has been registered in P/S ACB, Srinagar and further investigation was taken up. During the course of investigation, search warrant was obtained from the court and accordingly on 13.10.2020 search warrant was executed in accordance with the procedure and search of the residential house of the accused located at Aligund chandrigam, Tral was conducted, where incriminating material having bearing on the investigation of the case has been found and subsequently seized. The bank statements of various bank account belonging to the said Tariq Ahmad Ganie were obtained and he was arrested on 16.10.2020 in the instant case for questioning and to enquire viz-z-viz the huge transactions/deposits in his various bank accounts which are highly disproportionate to his lawful source of income. During investigation conducted so far a team of Engineering experts was constituted by ACB Kashmir to conduct the valuation/assessment of the residential house of accused and also for collection of revenue records of the land from Tehsil Office, Tral/Awantipora. The team after conducting the valuation of the residential house of accused submitted their expert report, besides revenue records of the land of the accused and from the perusal of the same, it is established that the accused has acquired various properties during the period of his service by resorting to illegal acts which are disproportionate to his known source of income and there are sufficient reasons to believe that the properties acquired by the accused are proceeds of the corrupt practices in which the accused has indulged during his government duties as JE and after requisite legal formalities, an order for attachment of properties was issued vide No. ACB-FIR/18/2020/15727 dated 17.10.2020 wherein the following properties of the accused were attached in terms of Sec. 8-B of P.C Act.
Special Judge Anticorruption Kashmir RN Wattal while rejecting bail application observed that In recent times we are witnessing the plague of corruption effecting every department with certain exceptions. The influx of corruption and its intensity is much in engineering departments where the Architects/Engineers indulge in acts of corruption so as to mint money to become rich in very short period of time. The works are not being executed on spot instead remain paper tigers and the experts who are assigned the duty of execution of work on spot pursuant to the conspiracy use sub-standard material and at times do not execute the works and accumulate assets disproportionate to their known source of income. The accumulation of assets by these corrupt engineers is in complete disregard to their official position and against the object for which they are imparted training in Engineering colleges on the expenditure incurred by the government on the public money. The petitioner is one of such officials who in complete disregard to his official position though holding the important post of JE was having deceitful, despicable and corrupt intent to steal the public money amounting to crore of rupees and the immovable property at commercial locations. A young engineer like the petitioner having accumulated the assets in very short span of time can never be taken in good taste by a common man who believes in honesty and whose main aim & object is nation building. The case has assumed public importance and any concession of bail in favour of petitioner will be denounced by the society and faith of a common man on this esteemed institution may be eroded, same may encourage those who believe in resorting to corrupt practices to mint money. On this count the petitioner does not deserve the concession of bail, at this stage. JNF