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| Purchase of Fruit and Non-Fruit Plants more than 24 laces against 5, 90, 000 Plants | | Court discharged Director RDD, ACD and found involvement of DPO and Ors | | Jammu, August, 10 : Special Judge Anticorruption Jammu Mr. JR Kotwal has discharged then Director Rural Development Jammu Mr. Varinder Gupta, then ACD Poonch Makhan Lal Raina and one Thakur Singh at the stage of framing charges. However, prima-facie case u/s 5(2) PC Act 2006 r/w sections 467, 468, 471, 161, 201, 120-B RPC is made out against the then District Panchayat Officer Munawar Hussain Shah, Four BDOs and Three Suppliers and others, charges against them shall be framed on the next date.
According to the case of Vigilance Organization that Chairman District Development Board Poonch had earmarked Rs 57 Laces to carry out programs under Jawahar Rozgar Yojna and Employment Assurance Scheme in District Poonch for the year 1995 and 1996. Funds under both the schemes kept at the disposal of ACD Poonch. The then Director Rural Development Jammu Mr. Varinder Kumar Gupta vide his order dated September 12, 1995 while banning purchase of plants both fruit and non-fruit, had asked DPOs of all the District of Jammu Province to place their requirements of said plants for the year of 1995-96 so that the rates are got approved from Divisional Level Committee. Accordingly the then DPO Poonch Mumawar Hussain Shah vide his letter dated October 18, 1995 projected his requirement of 5.90 laces plant for the year 1990-95. On November 28, 1995 Director Rural Development directed all the DPOs to place their requirement of plants with Agro-Industries Development Corporation. However, the then ACD Poonch Makhan Lal Raina on February 8, 1996 apprising the Director Rural Development, failure of the Agro Industries Corporation to supply the plants from Registered Nurseries on the rate approved by Horticulture Department and Forest Department.
The prosecution case that DPO Poonch without any authorization placed order with persons of his choice for supply of 1, 69, 980 non-fruit and 2, 41, 700 fruit plants valuing 19, 03, 776 and 12, 08, 500/-. He issued more such orders increased to 24, 51, 500/- valuing Rs 36, 39, 765/- against the requirement of 5.90 lace plants. It was also mentioned that plant received at different levels number 27, 55, 200. Out of five, four BDOs of District Poonch and others staffs are alleged to have shown plantation of 18, 76, 000 plants as against procurement 27, 55, 200 plants, thereby causing huge loss to state-exchequer. Against Thakur Singh who had worked as Auditor in Poonch Panchayat and Since Retired from service he came to know about the bungling being done by Mr. Munawar Hussain Shah the then DPO Poonch started openly criticizing the misconduct of DPO Poonch. With a view to silence him, Munawar Hussain Shah roped him in conspiracy by paying him an amount of Rs 30, 800/- through bearer Cheque on March 29, 1996, which was drawn by him, though he had not supplied any plant.
Court while discharging three accused from the allegations observed that no evidence has collected by the IO to show that Thakur Singh had ever started an open criticism of DPO are was in any other manner involved in the conspiracy . no prima-face case is made out against Thakur Singh, then Director Varinder Kumar Gupta and ACD Makhan Lal Raina as such they are discharged, however, against other accused including DPO prima-facie case is made out. JNF
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