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| HC directive in misappropriation of food grains worth crores | | | Jammu, Dec 17 : In a PIL regarding misappropriation of food grains meant for public, a high court division bench of Chief Justice M M Kumar and Justice Tashi Rabstan issued various directions.The bench observed that in pursuance of earlier orders, compliance report has been filed. In the compliance report it has been highlighted that in Jammu division, out of a total amount of Rs 1,64,20,280.46, a sum of Rs 44,78,177.94 has been recovered. In respect of Kashmir division, recovery from the officials involved in matters of misappropriations of food articles/embezzlement/shortages in food grains, CAPD director, Kashmir, vide August 28, 2014, communication stated that the concerned DDOs had taken up the matter with deputy commissioners (district collectors) concerned for recovery of outstanding amount as arrears of land revenue and the status report was still awaited. Only TSO Ghulam Mohammad Shah has remitted the outstanding amount of Rs 1,46,485.75.The bench observed that a perusal of the status report filed would show that colossal recovery was likely to be affected from 88 defaulters in Kashmir division. Their names were divulged with the status report filed on May 28, 2014. The efforts of recovery in Kashmir were slow and the government advocate has stated that the report shall be filed within a week disclosing the latest amount of recovery affected from the defaulters. Upon this, the bench directed that the report be filed within a week's time. In an application filed on behalf of one Mohammad Afzal Malik with a prayer that the April 1, 2014, order of the division bench in the instant PIL (WPPIL No. 44/2013) be not be made applicable to him. The ground taken is that he had earlier filed OWP No. 13/2005 challenging the recovery notices dated 21.12.2002 and 20.09.2004 issued by CAPDD. The writ petition was allowed and the aforesaid notices were quashed. The CAPDD secretary was directed to hold fresh inquiry in the matter to identify the actual amount embezzled by the applicant and others. It was also directed that after determining the amount which has been actually embezzled, CAPDD secretary was to identify the persons, who had embezzled/retained the amount with them. He was also to take steps to recover the embezzled amount from such persons including the applicant as arrears of land revenue under the Land Revenue Act. He was to initiate departmental proceedings against those persons under the Civil Service (Classification, Control and Appeal) Rules, 1956. While disposing of the aforesaid writ petition, additional directions were also issued to the chief secretary.
The bench observed that it is appropriate to mention that in order dated 01.04.2014, the court had issued directions for attachment of the property and freezing of the bank accounts of all such defaulters who were identified by the state and the officers of CAPDD and further observed that in the list of defaulters of Kashmir division, name of the applicant figures at S No 73. The bench observed that reply has also been filed by the Government Counsel on behalf of the non-applicant/respondent No 1. The stand taken is that the applicant was posted as Head Cashier with CAPDD w.e.f 1994. A huge shortage of sale proceeds was detected at his hands which he had unauthorisedly retained and had not deposited in the government treasury. A case FIR No 89/2002 was registered against the applicant at Police Station, Shaheed Gunj which is subject matter of challenge before learned Sub-Judge (Chief Judicial Magistrate) Srinagar and is awaiting disposal. The applicant had deposited an amount of Rs 32,46,692, leaving a balance amount of Rs 39,34,489 which was still recoverable. In the preliminary inquiry, it was found that the applicant was responsible for retaining the government cash with the intention of misappropriation along with other officers of the department. It was recommended by the Committee to recover the outstanding amount from the defaulters. The services of the applicant were terminated on August 28, 2002 with immediate effect and the outstanding amount was declared as arrears of land revenue. The matter was referred to the Collector for recovery. However, the recovery notices were quashed by the Writ Court while deciding OWP No. 13/2005 vide order/judgment dated August 18, 2009. In separate proceedings, he was ordered to be reinstated. The state had challenged the said order/judgment through LPA No. 08/2010 which is pending disposal in the Srinagar wing of the High Court.
The bench said the court had come to the conclusion that the interest of the public exchequer needs to be protected. It is true that the recovery notices issued to the applicant have been quashed but the respondent-CAPDD has been asked to conduct a fresh enquiry. Even LPA is pending in Srinagar wing of the court. It has also come on record that the applicant had deposited a sum of Rs Rs.32,46,692 and there was still outstanding amount of Rs 39,34,489. It is true that the judgment rendered by the Writ Court in OWP No. 13/2005 is subject matter of appeal which is yet to be disposed of, that itself would not mean that in a PIL, omnibus directions could not be issued to protect the interest of public exchequer in the form of restraining all the defaulters like the applicant to alienate their property and to operate their bank accounts. With these observations, the bench dismissed the application with the observations that the April 1, 2014 court order in WPPIL No. 44/2013 shall continue to apply to the applicant, so that the tax payer money remains intact and requested the Letters Patent Bench at Srinagar to expedite the hearing in LPA No. 08/2010. Copy of this order be sent to the Srinagar Wing of the High Court for placing the same on the record of LPA No 8/2010. (JNF) |
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