| Court acquits ZEO & ors, passes strictures against IO | | Fake appointment in Education Deptt | | Early Times Report
SRINAGAR, June 13: Special Judge Anti-corruption Kashmir R N Wattal while deciding 20 years old case of Anti-corruption Dept regarding fake appointments in Education Dept, observed that this Court place on record anguish regarding the inadequacy of investigation, the failure to discharge the responsibility on part of the Investigating Officer who conducted the investigation in the case and the prosecutor who conducted the trial of the case before this court, with a clandestine mission to keep loopholes in the investigation and casually pursue the case during trial to benefit the accused ultimately.
It is an exhibition of low standard of professionalism unbecoming of officials of prime investigating agency entrusted with conducting the investigation and trial mainly in corruption cases, is highly deplorable. According to the ACB case that complaint moved by G.M. Mir, the then Joint Director School Education to SSP Vigilance Organization vide No. PAJDS/669-71 Dated 05-02-1999 alleging therein that the Directorate received an information with regarding to the fake appointments of 07 Lady Teachers working in Zone Nishat, District Srinagar, namely Maheen Tabassum, Tasleema Jan, Ruksana, Mehmooda Bano, Parveen Akhter, Myser Jan, Nighat Yousuf and as per the preliminary investigation it has been established that these Lady teachers managed their entry in Education Department fraudulently and illegally in convenience with some vested interests, with a prayer that case be registered and main culprits who manipulated this fraud and illegal appointments be brought to book.
It is on this information that FIR No. 16/1999 U/S 5(2) Prevention of Corruption Act was registered at VOK and investigation commenced and during investigation the service books of these lady teachers were seized and no orders viz-a-viz their appointment/ transfer order/ adjustment were found in the office. From the perusal of the service books these lady teachers were shown to have adjusted in Kangan and Ganderbal Zone and thereafter shown to have been transferred to Nishat Zone. During investigation ZEOs of Kangan, Ganderbal and Srinagar disclosed that these lady teachers were neither posted in these zones nor were paid salaries from these zones.
Although the service books of these teachers reflected their transfer from one zone to another and from school to another, but there were no orders to that effect. From the statements of ZEOs, Principals and Head Masters of the institutions where these lady teachers were shown to have been posted and transferred, stated that none of these appointees ever worked in these institutions, to ascertain the entries in their service books, their handwritings were compared with their admitted signatures from FSL Srinagar, the latest entries in these service books tallied with the admitted writings of accused public servants of Education Zone, Nishat. During investigation the copies of the Government Order No. 1308- 1439 Dated 08-05-1989 and Order No. 944 PDU Of 1995 referred to in the service record of the accused were seized and it transpired that none of the above referred teachers figured in the selection list of appointees issued by SSRB Srinagar, and as a result of these illegal forged appointments and drawing of the salaries, loss to the tune of Rs. 965899 was caused to Government exchequer. It further revealed during investigation that explanation tendered by ZEO Nishat and Sr. Assistant i.e, accused No. 1 and 2 regarding the entries of the orders, of appointment, transfer and adjustment in the service books and acquaintance rolls of these appointees, were found to be unjust and unacceptable. It further revealed that documents were deliberately concealed or destroyed and investigation culminated with the prima facie establishment of offences u/s 5(2) P.C Act read with S. 120-B, 420,467, 468,471 and 201 RPC against the accused.
The Special Judge Anticorruption Kashmir observed that failure to prove the fake appointments is attributed to faulty investigation and casual/mechanical approach of the prosecution while pursuing the case in the court on behalf of Vigilance Organization and as discussed in para 17 supra, while scanning the statement of complainant that he has been of tainted character and his statement has to be scanned and taken note of with extra care and caution, from the start to the end, this case has been investigated in a causal manner, firstly the VOK has not conducted the preliminary enquiry in the case and had VOK conducted the preliminary enquiry, seized the enquiry of the department concerned, positively the position in the case would have been altogether different. Consciously the VOK has not conducted the preliminary enquiry and instead initiated the investigation on the complaint of PW No.1 Joint Director Education who is the person of tainted character knowingly that such statement shall be tested by the court on the touch stone of admissibility. Secondly knowing that the statement of PW No.1 who as per his version has been charge sheeted and charged in the case of a fake appointment, his statement unless corroborated by other witnesses i,e. by cogent and clinching evidence, cannot be taken and read against the accused. Since there is no evidence from which it can be concluded that accused were architects of fake and forged entries of appointment date and orders of appointment, transfer and adjustment from one zone to another of accused/beneficiaries 4 to 9, the statement of PW No.1 Joint Director School Education even if presumed to be correct, cannot be looked into or considered being of tainted character. |
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