Anti-corruption court frames charges against JE, GRS - Early Times Newspaper Jammu Kashmir

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Anti-corruption court frames charges against JE, GRS

8/31/2022 10:59:18 PM

Early Times Report
JAMMU, Aug 31: Anti-corruption Court Udhampur on Wednesday framed charges against a Junior Engineer and a Gram Rozgar Sevak (GRS) in a case related to corruption.
Additional Sessions Judge Anticorruption Udhampur SC Katal framed charges u/s 5(1) (d) r/w 5 (2) PC Act. 2006 & r/w section 120-B RPC against Ved Bushan S/ o Gian Chand R/ o Daranga Doda, the then Jr.Engineer RDD block Kulwanta Udhampur and Anil Kumar S/o Girdhari Lal R/o Balota Chigla Tehsil Ramnagar,District Udhampur, the then Gram Rozgar Sevak (GRS) Panchyat Halqa Chigla Balota RDD Block Kulwanta Udhampur.
According to the ACB on 29.04.2019 Mir Qasim S/o Manga R/o Balota Chehgla Tehsil Ramnagart Distt. Udhampur lodged a written complaint in P/S ACB Doda (Camp Office ) Jammu against the official of RDD Department namely Anil Kumar Gram Rozgar Sevak (GRS) RDD Block Kulwanta alleging that two years back i.e. in 2017 under Constituency Development fund Rs. 80,000/- of MLA Ramnagar Distt. Udhampur. He executed the work of Water Tank at Balota Chigla Tehsil Ramnagar for the welfare of the people of area. In this connection Rs.80,000/- has been credited into the account of BDO Ramnagar about ¾ month back for payment of the same to him against the execution of said work under Constituency Development Fund.
He alleged that Anil Kumar GRS of RDD Development Ramnagar demanded Rs. 8000/-as bribe for releasing the said amount of Rs. 80,000/- in his favour. Under compelling circumstances he went on to pay the said amount of Rs.8000/- as bribe to the GRS. On the receipt of that complaint FIR No. 04/2019 u/s 5(1) (d) r/s section 5 (2) of J&K PC Act and section 4-A PC Act (Amendment 2014) was registered in P/S Anti-corruption Bureau Doda.
During the course of investigation, trap team headed by Dy.SP Kamaljeet Singh along with independent witnesses after completing the formalities left towards Ramnagar in their official vehicle where they reached around 15.40 hours. The complainant made a call from his cell phone to the cell phone of accused Anil Kumar GRS and enquired about the meeting place on which the accused asked him to reach Ramnagar Park near Bus stand for handing over the bribe money. After reaching near Ramnagar Park, the trap team parked the vehicles about 20 meters short of Ramnagar park to avoid detection of ACB team by the accused.
The complainant Mir Qasim along with shadow witness Kamal Kishor Arora AE went inside the Ramnagar Park and the other team members followed them by maintaining and eye contact with each other and took their physical position inside the park. The shadow witness was in comfortable position to overhear the conversation and see the passing of bribe money between the complainant and the accused persons. The accused demanded and accepted the bribe money of Rs. 8000/- from the complainant and that money was recovered from the possession of the accused and the trap team recovered the said bribe money from the accused person. The post trap proceedings were conducted.
During the course of investigation it surfaced that the accused Anil Kumar GRS J.E Ved Bushan were in telephonic contact with each other before the registration of the instant case and this corroborate that there was in fact a demand of Rs. 8000/- as bribe by the accused RDD official from the complainant.
It also surfaced during investigation that Anil Kumar the then GRS Panchyat Halqa Balota in criminal conspiracy with the accused Ved Bushan the then Jr. Engineer of RDD Block Kulwanta Ramnagar in pursuance of criminal conspiracy with each other demanded an amount of Rs. 8000/- as bribe from the complainant Mir Qasim for preparation of bills of work i.e construction of water Tanky in Morha Dabbar Ward No.5 Balota Chigla and during the trap accused Anil Kumar was caught red handed while demanding and accepting the bribe amount of Rs.8000/- from complainant. That amount could not be shared with JE Ved Bushan as the accused GRS Anil Kumar was caught red handed by Anticorruption Bureau.
The accused by abuse of their official position as public servants had demanded and accepted an illegal gratification from the complainant for preparation of bills of work. i.e the construction of water tanki. As such the accused has committed the above mentioned offences.
After completion of the investigation the case was preceded to accord of sanction for prosecution of accused person. The Government vide order No. 29-JK-GAD (VIJ) of 2021 dated 18.05.2021 accorded sanction for prosecution of the accused public servant namely Ved Bushan. The accused namely Anil Kumar has been disengaged and he is no more in the Government service as such no sanction for his prosecution u/s 6 of PC Act Svt. 2006 is required. Accordingly, charge sheet was produced before this court.
Additional Sessions Judge Anticorruption Udhampur SC Katal after hearing Additional Public Prosecutor Himanshu Parkash for the ACB at the time of framing of the charge the evidence assembled by the investigation officer should be taken on its face value. Thus, shifting the material assembled during the investigation for the limited purpose of ascertaining whether there are any grounds for presuming that the accused is guilty of offences against him, I find that prima facie case in commission of offence u/s 5(1) (d) r/w 5 (2) PC Act. 2006 & r/w section 120-B RPC disclosed against the accused person. The charge-sheet framed accordingly. The charge is read over & explained to the accused persons but they denied the charge & claimed to be tried. The prosecution/ACB shall lead evidence on next date of hearing. —JNF

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