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news details
Court dissatisfied with closure report filed by ACB against Ex-IAS, returned
10/9/2019 11:25:21 PM
Early Times Report
Jammu, Oct 9: Special Judge Anticorruption Kashmir RN Wattal while returning the closure report filed by Anti Corruption Bureau (ACB) in FIR NO 02//2002 Offence u/s 5(2) P.C. Act Svt. 2006 and section 120-B,468,471,419,420/RPC against Naseema Lanker, IAS, observed that Corruption is an enemy of nation and tracking down corrupt public servant, howsoever high he may be, and punishing such person is a necessary mandate under the PC Act, 1988.
The status or position of public servant does not qualify such public servant from exemption from equal treatment. The decision making power does not segregate corrupt officers into two classes as they are common crime doers and have to be tracked down by the same process of inequity and investigation."
Court further observed that from the law laid down in the judgment passed by Apex Court, it reveals that sanctioning authority cannot deny sanction to prosecute a public servant indicated by investigating agency arbitrarily without assigning reasons.
This discretionary power has to be exercised by competent authority in conformity with statutory provisions and broader principles laid down in the constitution.
The order of declining the sanction in the present case is an exhibition of arbitrariness on part of competent authority and needs to be reconsidered.
However, the government officials indicated by the investigating agency have retired and sanction to prosecute in case of retired public servants is absolutely not required and any direction to competent authority to reconsider the order declining the sanction in the present case would be a futile exercise.
The material on file being incriminating against the accused as indicated by investigating agency in the final report warrant direction to investigating agency to consider the presentation of the charge sheet against the accused public servants in the court of competent jurisdiction on the basis of material available.
Accordingly, the final report is directed to be returned to ACB Kashmir through CPO to do needful in light of the observation made above.
According to FIR No. 02/2002 for offences u/s 5(2) P.C. Act Svt. 2006 r/w section 120-B, 468, 471, 419, 420 RPC that was outcome of preliminary enquiry conducted into the allegations of the complaint that Naseema Lanker and Nissar Ahmad affected purchases of wind cheaters, trucking shoes and torches for distribution among the employees deputed for Amarnath Yatra on exorbitant rates from unregistered dealers leading to loss of Rs.6.11 lacs to the Government Exchequer. (JNF)
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