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Court awards 1-yr jail, Rs 4 lakh penalty to ex-DC Kupwara
Funds embezzlement
4/22/2019 10:12:52 PM
Early Times Report
Srinagar, Apr 22: An anti-corruption court on Monday awarded one year imprisonment and penalty of Rs 4 lakh to former Deputy Commissioner Kupwara, Shah Latief, for embezzlement of funds 15 years ago.
While awarding the sentence, Special Judge Anticorruption Srinagar, R N Wattal, after hearing CPO Gh Jeelani and Sr. PO Riaz Ahmed for the Anticorruption Bureau and Advocate Mushtaq Ahmed Dar for the accused, person observed: "Corruption deserves to be detested and despised in all its forms and characters being as abominable as Satan. The corruption has a potential of upsetting the economy of the state. By indulging in corrupt practice, a handful of people subject large section of population to untold miseries."
According to the case diary, a complaint forwarded by Under Secretary GAD to the Vigilance alleged that in the meeting of District Development Board held on 04-08-1997 at Kupwara under chairmanship of the then Forest Minister, it was decided to utilize the interest amount of Rs 1,78,702 accrued on bank deposits of Jawahir Rozgar Yogna and Employment Assurance Scheme for repairs of the vehicles attached with the office of the then Deputy Commissioner Kupwara.
The DC, who was entrusted with the said money and was authorized to use the aforesaid interest amount for the repairs of the vehicles, however misappropriated the said amount of money, as no vehicle was repaired. On the receipt of the communication, enquiry was conducted by the Vigilance and on the basis of outcome of the enquiry it was established that interest amount was misappropriated by DC Kupwara and not a single penny out of the said interest amount was utilized for the repairs of the vehicles attached with DC's office and accordingly FIR No.18/2004 u/s 5(1)(c) r/w 5(2) P.C. Act and Section 409 RPC was registered at P/S VOK.
Special Judge Anticorruption Srinagar RN Wattal observed: "Corruption is indeed one of the major roadblocks in the nations journey from a developing to a developed economy. There is an urgent need to have a comprehensive framework that would help curtail corruption. Rigid bureaucracy, complex laws and long drawn processes of the legal system deters people from taking legal recourse against corrupt public servants.
"Corruption needs to be eradicated from the nation. Task is arduous but not unachievable. To achieve that, one has to rise above his vainglorious interest and to raise his moral standards. Public persons need to resist to such illegitimate insistence and rather should act as whistle blowers. Only with collective efforts, corruption can be eradicated. Convict was responsible to keep entrusted cash safely and account for it. Instead, consequences were kept at bay by the convict while usurping
"Government money despite the fact that the convict had a long experience in government service and was educated and holding an administrative post capable of understanding well all consequences of his criminal acts. Good ethical behavior on part of those who are in power is the hallmark of good administration and people in public life specially in administration must perform their duties in spirit of public service rather than by assuming power to indulge in callous cupidity regardless of self imposed discipline. But the accused has completely disregarded the ethics and criminal breach of trust and criminal misconduct were committed by the convict, a public servant, with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Government Exchequer and/or Community.
"Also, disregard for the interests of the Government Exchequer and/or Community was manifest in the acts of convict, who was also unmindful of the damage done to the society and nation. Convict gave supremacy to illegal personal gains putting the Government Exchequer at loss to the tune of Rs 178,702/-. No glimpse of remorse was visible on the face of the Convict. Over all entire nation is suffering on account of misdeeds of such offenders who put Government Exchequer to such loss compromising with the economy of the nation. The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book and suitably punished."
The court further observed that the convict has no bad antecedents and has already undergone agony of trial for period more than ten years as well. Keeping in mind overall facts and circumstances of the case, the convict Shah Latief is sentenced to imprisonment for one year and fine of Rs.2,00,000/ in default thereof he would undergo simple imprisonment for a further period of six months under Section 409 of RPC and also imprisonment for one year and fine of Rs.2,00,000/- in default thereof he would undergo simple imprisonment for a further period of six months under Section 5(1)(c) of the Prevention of Corruption Act, and punishable under Section 5(2) of the Prevention of Corruption Act.
The sentences of simple imprisonment shall run concurrently. The sentences of simple imprisonment in default of payment of fine shall run consecutively, the court ruled.
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