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| AC Court discharges then Principal Polytechnic in illegal appointment case | | | Early Times Reporter
JAMMU, SEPT 28 - Special Judge Anticorruption Jammu, Mr. Kartar Singh, in case investigated and presented challan by the Crime Branch Jammu against Kewal Krishen Kotwal, the then Principal Government Boys Polytechnic Jammu for making appointments and promotions, has discharged him at the stage framing charges as the prosecution has miserably failed to make out a prima-facie case against the accused.
According to the CB case, Kewal Krishan Kotwal during his posting as Principal Boys Polytechnic Jammu in the year 996 had made some appointments and gave promotions despite the fact that he was not competent to do so. The Director, Technical Education sent a complaint against the accused to the SSP Crime Branch Jammu on October 4, 1997 where a case for the commission of offences u/s 120-B RPC an 5(1) (d) r/w section 5(2) of PC Act 2006 was registered and after completion of the investigation for about nine years, presented challan in the Court Special Judge Anticorruption in the year 2006.
Special Judge Anticorruption, after hearing Chief Prosecuting Officer appearing for the Crime Branch and Advocates Vikram Sharma and Harbajan Singh appearing for the accused Principal and perusing the record presented by the Crime Branch, observed that the accused attended the workshop at TTI, Chandigarh on September 6 and 7, 1996 along with all the HoDs of the Institution. In this workshop, an operational plan for the year 1996-97 was prepared, for implementation of the said plan, the prime need was to provide adequate staff in all the disciplines. AICTE team also visited the institutions during the year 1994 -1995 and pointed out certain deficiencies and short comings in the institution, they have also laid great stress to provide adequate teaching faculty with assisting staff for the maintenance of the institution. Taking into consideration all these factors, the accused took immediate steps and utilized the services of exiting staff already engaged by his predecessor who had acquired theoretical and practical experience and some talented youths were also engaged on the consolidated salary. It was because of the good work done by the promotees and appointees and steps taken by the then Principal, the institution got the appreciation from Chief Minister of J&K and faculty of TTI, Chandigarh.
While discharging the accused at the stage of framing charges, Special Judge Anticorruption further observed that the record further revealed that appointments made by the accused in violation of existing rules were terminated by the Director Technical Education Jammu vide order July 2, 1998 and one member Departmental Enquiry Committee headed by PL Saroop Deputy Director Technical Education was constituted for examining the illegal appointments. In the report it was stated that the accused had no malafide intention in the appointments but to provide possible man power to the intuition, which can be termed as illegal. This report of the enquiry committee has also exonerated the accused for having dishonest intention by making appointments and if he has committed any irregularity, the Departmental action would have been initiated against him. With these observations, Court discharged the accused at the stage of framing charges against him.
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