Jammu, Apr 1 (JNF): In a Public Interest Litigation (PIL) regarding misappropriation of crores of rupees of food grains meant for public, a Division Bench (DB) of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar directed officers/officials who have been named in the list of 88 persons or 57 persons respectively, shall not be permitted to alienate their properties or operate their bank accounts till further orders.
After hearing Adv S K Shukla as court counsel whereas Govt Advocate Monish Chopra appeared for the state, observed that this case discloses a sorry state of affairs with no mechanism of accountability in the Consumer Affairs & Public Distribution Department. The issue came to the forefront when a Single Judge of this Court dealt with a service matter in SWP no. 2088/2013. It was prompted by communication dated 09/09/2013 which divulged short fall of food grains worth more than Rs 48 lacs in far flung area of Dachhan, that too in respect of a small period i.e. April 2012 to March, 2013. The short fall was confined only to 5 depots, which, in our opinion, was a tip of the iceberg.
DB directs officers/officials who have been named in the list of 88 persons or 57 persons respectively, shall not be permitted to alienate their properties or operate their bank accounts till further orders.
In compliance of the directions of Court a report has now been filed by the Deputy Secretary to Government, CA&PD Department which discloses the names of 88 employees belonging to Kashmir Division who have misappropriated huge amounts totaling crores of rupees. Likewise in Jammu Division the misappropriation has been made by 57 employees and both the lists have been placed on record. Few examples from the list belonging to Kashmir Division would fortify the impression that there is a complete failure of machinery ensuring accountability of government employees. At item no. 18 in the list concerning Kashmir Division in respect of Marwah/Warwan, the name of the officer mentioned is Abdul Rashid Magray who has misappropriated an amount of Rs 71,18,704.68 in the year 2003-04. According to the information provided he was dismissed from service but no recovery has been made. Likewise, in respect of item no. 20 pertaining to Inshan Godowns, one Ghulam Rasool Bhat has misappropriated a sum of Rs 43,85,593.28 in the year 2003-04 and has been continuing under suspension as the case is under investigation with Crime Branch Jammu under FIR no. 15/2004. Naturally he would be earning full salary as 100% pension allowance. In another case figuring at serial no. 59 in respect of Rambagh/Mehjoor Nagar/ Sammerbugh, the name of one Abdul Rashid Mir figures who has misappropriated a sum of Rs 60,50,687.71 in the year 2013-14 but no recovery has been effected and in respect of officer shown at serial no. 67 in the area of Soura, namely, Ghulam Nabi Bhat, a sum of Rs 30,85,967.87 has been shown misappropriated by him in the year 2013-14 but without any recovery. The instances at serial nos. 70, 71 and 72 shows that a sum of Rs 1,22,10,465.00 by each of the officers, namely as Manzoor Ahmad Chat, Khurshid Ahmad Dar and Abdul Qayoom Dar has been misappropriated in the year 2013-14.
In the same manner, in Jammu Division in respect of Kathua, one Arjun Singh has misappropriated a sum of Rs 5,69,770.55 in the year 2010. He has been retired prematurely but recovery of Rs 5,34,467.00 has been made. Likewise in Doda District, store Khara, one Isher Lal has misappropriated a sum of Rs 17,20,902.00 in the year 1998 and the matter is still under investigation by Vigilance Organization while no recovery has been made.
Division Bench directed all these 88 officials belonging to Kashmir Division and 57 official belonging to Jammu Division to furnish the details of their moveable and immoveable assets in their name, spouse, brother or children names, including the details of their bank accounts along with the details of the moveable and immoveable assets/bank accounts of their spouses and children.
Division Bench also directed that the Secretary to Government, CA&PD Department shall issue them notices, incorporating the direction given by this Court and present the data before this Court so that suitable measures are taken to seek accountability. The Secretary, CA&PD Department shall publish the list of these officers/officials along with the Court order in news papers within one week and further directed that any of these officers/officials who have been named in the list of 88 persons or 57 persons respectively, shall not be permitted to alienate their properties or operate their bank accounts till further orders. |
