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| Journey of an alleged illegal appointee from computer operator to Dy Registrar SKUAST | | Anti-Corruption Court sets aside closure report directs ACB to proceed further | | Early Times Report
Jammu, May 23: The Anti Corruption Court Jammu has set aside the closure report by the then Vigilance Organization (now Anti Corruption Bureau) into the case of an alleged illegal appointee at SKUAST and has directed the ACB to proceed in furtherance of law.
According to the details available with Early Times few officials of the varsity had allegedly misused their official position to shower undue benefits upon an “illegal appointee.” These varsity officials had allegedly regularized and promoted the accused by violating all the norms of the SKUAST. Despite an inquiry conducted by the VOJ the case was closed on the directions from the central office of the Vigilance Organization Srinagar on the grounds it has not been proved. However, the court has set aside the closure report with the directions that investigations should be carried forward.
The order issued by the court stated: “The prosecution case is that a written complaint was lodged by
Dr Nagendra Sharma ex-Vice- Chancellor SKUAST on March 25, 2015 with this court which was forwarded to SSP VOJ for verification and necessary action in accordance with law. It was alleged in the complaint that accused persons had acted in sheer abuse of their official positions in order to confer undue benefits upon accused Sanjay Sharma who was not appointed illegally but also regularised and subsequently promoted in complete defiance to the university norms.”
The court said: “It led to the initiation of preliminary investigation and registration of FIR No. 02/2016 for offences u/s 5(1) dr/w 5 (2) P.C. act. Investigations were set into motion which culminated with the presentation of instant final report in the course for closure of the case as not proved.”
The court said: “It may be noted at the very outset that investigating officer in the concluding remarks has noted down that in view of the investigation it was found that H. U, Khan and Nagendra Sharma former Vice Chancellors, R M Bhagat, Director Resident instructions, Lt R K Sharma , the then Registrar, V K Soi former comptroller and A K Koul Dy Registrar extended undue benefits to the accused Sanjay Sharma on the basis of experience shown to be secured by the beneficiary from MIER Academy as mentioned above. The investigation has established that beneficiary has destroyed all the records, including his personal file the recovery of which could have led to the seizure of experience certificate repeatedly produced by the beneficiary for seeking the illegal benefits.”
“The investigation of the case was concluded and submitted to Central Office Vigilance Organization J&K for orders. The Central Office Vigilance Organization Srinagar vide letter no VO FIR 2/2016 J-16685-88n dated 5.10.2017 observed that the allegations leveled have not been substantiated within the purview of Prevention of Corruption Act as such the investigation of the instant case is closed as Not Proved….” the court said.
The court further said, “It is thus evident that investigation had established that accused person including the complainant had acted in furtherance to a criminal conspiracy and bestowed undue benefit upon the accused Sanjay Sharma has not only been appointed illegally initially on adhoc basis as computer programmer but also regularized within a year against the non existent post of PRO to Vice-Chancellor . He was further placed in the selection grade against the university norm mandating eight years of regular service by taking into account the adhoc as well as the service rendered in Private institution Mier. However the director of the institution concerned has conveyed in unequivocal terms that said accused Sanjay Sharma has been further appointed as Deputy registrar secrecy w.e.f. August 13, 2011 when he was not having the requisite qualification experience of five year service as Assistant Registrar . Furthermore , the record pertaining to the appointment, promotion of the said accused has been removed afterwards deliberately in a bid to destroy the evidence.”
The court said: “The report further reveals that investigating officer had zeroed down upon and identified the persons responsible for extending undue benefits to accused Sanjay Sharma . Still the case has been closed on the basis of some directions of central office of VO Srinagar on the ground that allegations did not disclose the commission of offence under prevention of corruption act and it was further recommended that Crime Branch be approached for the forgery and use of fake and fabricated certificate. Such an opinion was completely dehors the overwhelming record which clearly showed the accused persons have abused their official position repeatedly and favored the accused beneficiary time and again which clearly attracts liability u/s 5 (1), d of P.C. Act. Hence the close report submitted by investigating agency is both against the facts and law and hence can’t be concurred with. For the ongoing reasons the instant final report is rejected and let the file be returned to the investigating agency for proceeding further in accordance with law.” |
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