Court rejects closure report filed by CBK in illegal appointments by IAS
JKUT (Jammu), November-26-2021-( JNF):- Additional Sessions Judge Anticorruption Srinagar today rejected the closure report filed by Crime Branch Kashmir in FIR against then DC Shopian Shopian M. S. Sood (IAS), directed SSP Crime Branch, Kashmir to re-investigate by himself or through any officer not below the rank of Dy. SP within a period of three months from the receipt of this order.
The final report/Ikhtitami bearing no. 09/2021 u/s 173 Cr. P.C in case FIR No. 10/2014 of P/S Crime Branch, Kashmir Srinagar registered under section 120-B RPC r/w 5(2) P.C. Act has been presented on 14.09.2021 by Sr. Superintendent of Police Crime Branch Kashmir for kind perusal and appropriate orders thereby stated that keeping in view the facts, circumstances and evidence collected during the course of investigation, it transpired that according to GAD order No. 735 of 2008 the DCs are empowered to engage class-IV posts and no incriminating evidence has surfaced against the accused as such the investigation of the case has been closed as “Not Proved”.
Additional Sessions Judge Anticorruption Srinagar CL Bavoria after perusal of the final report and also heard the Special APP for CBK observed that it reveals from the final report that Crime Branch Kashmir received a communication vide No. Div. Com/10/M/DC/E dated 13.08.2012 from the office of Divisional Commissioner, Kashmir which reveals that a complaint with regard to six illegal appointments was received and consequently A. M. Wani, (KAS) Addl. Commissioner was sent on spot for preliminary enquiry which revealed that the then Deputy commissioner, Shopian M. S. Sood (IAS) by abuse of his official position, in gross violation of rules, made illegal appointments of six persons in DC Office Shopian in the year 2011¬12. Accordingly, the allegation has been verified by CBK from the office of Divisional Commissioner, Kashmir which reveals that preliminary enquiry has been conducted and the enquiry report was not available in the records & accordingly the instant case was registered in P/S CBK.
During investigation, correspondences were made with Divisional Commissioner, Kashmir/DC Office Shopian and documents viz-a-viz personal files, enquiry report in shape of note sheet, drawl statements, admitted handwritings, posting details of the then DC Shopian and other relevant records were obtained and seized. Besides the statement of witnesses were recorded U/S 161 Cr. P.C. On perusal of the records it transpired that Sh. Mohammad Sharief Sood, KAS, the then Deputy Commissioner, Bandipora was transferred vide government order No. 633/GAD of 2010 dated 31.05.2010 and posted as Deputy commissioner, Shopian & later on vide government order No. 523/GAD of 2012 dated 16.05.2012, he was transferred and posted as Director Horticulture Planning & Marketing. The said officer during his tenure as Dy. Commissioner, Shopian engaged six persons/beneficiaries as Driver/orderly.
During further investigation it surfaced that on perusal of personal files and records it has surfaced that the above mentioned six beneficiaries have been engaged in the office of Dy. Commissioner, Shopain as orderlies and drivers on temporarily basis as per their engagement orders. It has further surfaced that the then enquiry officer A. M. Wani, KAS has drafted a note in which he apprised the Divisional Commissioner, Kashmir that six illegal appointments were found made in DC office, Shopian purely on temporarily basis by the then DC Shopian & also recommended the six illegal appointments may be cancelled and fresh appointments be made in DC Office Shopian. It is worth to mention here that prior to registration of FIR, the beneficiaries have approach the Hon’ble High Court at Srinagar and Hon’ble High Court passed an order dated 05.11.2013 whereby the respondents were directed to allow the petitioners to continue against the post on the terms and conditions stipulated in the order of appointment till the posts are filled up by the Service Selection Board and they shall also consider the candidature of petitioners and other eligible candidates in accordance with law. Further, the Hon’ble High Court vide judgment dated 04.05.2016 directed the respondents not to withheld the wages of the petitioners for lack of service books.
During further investigation correspondence was made with Div. Commissioner, Kashmir/DC Shopian for furnishing of criteria of such engagements. The Divisional Commissioner, Kashmir has taken-up the matter with GAD Department, however, DC Shopian has submitted records along with government order No. 735/GAD dated 30.05.2008 and it transpired that DC being Chairman of the recruitment of class IV posts is empowered to fill up the posts but only after constitution of a board nominated by him. Further Divisional Commissioner, Kashmir has submitted the information received from Additional Secretary to the Government vide GAD letter No. GAD/VIG/14/2017-2nd dated 18.08.2020 and as per the same it transpired that matter stands examined as per the available records and it depicts that no specific provision under any dispensation was found which would empower the Deputy Commissioners for making such appointments and such issues be examined on case to case basis in light of rules/norms/procedures governing each case.During further investigation & for clarification of some issues viz-a-viz the orders passed by the High Court from time to time a correspondence was made with DC Office, Shopian and in response to the same the said office has intimated that the order & judgment passed by the High Court has been adhered and the petitioners have been allowed to continue against the posts and are continuously working in the office on the said posts and has also intimated that competent authority (SSRB) has not filled the posts till date neither wages of the petitioner have never been withheld and they are regularly drawing their wages. Further, DC Shopian has intimated that Dcs are not competent to forward vacancies to the SSRB instead the vacancy statement of DC office shopain were referred from time to time to the Financial Commissioner Revenue/Divisional Commissioner, Kashmir, however, DC office Shopian as per their communication referred these posts to the competent authority who have subsequently not advertised, follow up these posts yet as such the said office is duty bound to implement the directions of the Hon’ble High Court & the petitioners engaged on staff gap arrangements are being allowed to continue their duties. The order copies along with the admitted signatures were also submitted to FSL Srinagar for expert opinion and FSL has not furnished conclusive opinion.
Court after recording the statement of DySPobserved that IO has concluded the investigation as “Not Proved”. The IO has recorded that according to GAD Order no.735 of 2008 the DC’s are empowered to engage class-IV posts. No incriminating material evidence has surfaced against the accused M. S. Sood the then DC Shopian.
Court further observed that the allegation of illegal appointments and undue promotion by abuse of official position in gross violation of the rules was under his investigation and it is stated that for any appointment permanent/contractual, due recruitment process has to be followed strictly. The due recruitment process provides for advertisement of the posts, publication of the advertisement in daily newspapers of greater circulation to which a common man has got access, conducting of written test/interview of short listed candidates, preparation of merit list, selection list and publication of selection list in daily newspapers of greater circulation. Court said that in the instant case all the rules and regulations for due recruitment of process have been thrown to winds, so as to adjust blue-eyed persons by the officials in hierarchy of the concerned department in complete disregard to the official position. The casual and mechanical way of investigation is obvious and crystal clear from the observation of the investigating officer in the final report itself as investigation appears to have been conducted in slip shod manner without looking into the seriousness to the allegation of undue favoritism and appointing only the blue-eyed persons. No investigation appears to have been conducted viz-a viz the conduct of the official/officials and the beneficiaries.
Court is not satisfied with the investigation conducted in the case and direct the SSP, Crime Branch, Kashmir to re-investigate the matter in light of the above observations by himself or through any officer not below the rank of Dy. SP within a period of three months from the receipt of this order. Office shall send the final report along with copy of order to SSP Crime Branch, Kashmir through Special. JNF