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Engagement of minors in Edu deptt
HC asks Vigilance to register FIR
6/24/2015 11:53:46 PM
Early Times Report
Srinagar, June 24: The State High Court has directed Vigilance organization to file FIR into engagement of fourteen minors among 114 contingent paid employees fraudulently in education department in 2013.
"Respondents shall be free to act on communication dated 10 December 2013 addressed to secretary to Government Education Department and Director Vigilance Jammu, asking for registration of FIR," a single bench of Justice Hasnain Massodi said while modifying court's stay order on an enquiry ordered following a complaint filed with Chief Minister's office in 2013.
"Investigation officer may while investigating the matter also look into petitioners stand that malpractice, engegment of underaged persons as contigent paid workers their illegal malpractice, their illegal regularization and embezzlement in education and that authorities were not unware of the appointment of minors between age of 7 and 14," the bench said.
Inhabitants of village Chanthan Checkpora had filed a complaint with office of Chief Minister in 2013, alleging fraudulent appointments of contingent paid, Rehbar-e-Taleem (ReTs) and misappropriation of funds in education department Budgam and creation of SSA schools.
Subsequently, a committee was constituted headed by then Deputy Commissioner Khursheed Ahmad Shah (IAS) with Tariq Ali Mir (then Director School education) and Mohammad Yaseen Sofi (district treasury officer Budgam) as members of the panel. It was found that 114 contingent paid employees were fraudulent engaged and therafter regularized as class-IV employees. 14 amongst them minors in the age group of 7 to 14 years on the date of their regularization. The report also pointed to appointment of ReTs on the basis of fake certificates. Officers and officials found in the fraud were also identified in the report. Enquiry report was submitted to administrative secretary GAD and asked secretary education department to initiate appropriate action in the matter to initiate appropriate action. The matter was also referred to vigilance for registration of case into the matter.
Aggrieved persons moved the court and filed the petition, questioning the entire inquiry as also action taken as a follow upto it. The court as part of interim direction had put on hold the inquiry which has now been modified.
"It hardly needs to be emphasised that inordinate delay in enquiry/ investigation may make the record necessary to unravel true facts, disappear. In ease on conclusion of enquiry, it is found that enquiry-investigation was warranted, it may he difficult, if not impossible, to dig out true facts and fix responsibility," the court added
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