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Justice delayed: Officer gets clean chit after death
2/28/2009 10:30:09 PM


Early Times Report

JAMMU, Feb 28: Special Judge Anticorruption Jammu Mr. BL Bhat has acquitted ML Wali then General Manager Kathua (died during trial), CM Mansotra then Manager Project, KK Verma then Storekeeper, Ram Nath Sharma then Accountant (died during Trial), AR Kasho then Finance Manager, GD Sharma Manager Credit all DIC Kathua, Ganga Dutt Prop M/S Furniture works Kali Bari Kathua, Mohd Rafiq of M/S Rafiq Handloom Industries presently Samba, Varinder Pal of M/s AV Enterprises Jammu, Sunil Kumar of M/s Shejnath Plastic Works Industrial State Kathua and Nayaz Ahmed Prop M/S Habib Enterprises Fatehkadal, Srinagar (against whom proceedings u/s 512 CrPC initiated) after 18 years investigation and Trial.
According to the Vigilance case alleged that ML Wali then General Manager DIC Kathua had made purchases worth lacs of rupees during his tenure. The material purchased was found substandard as the weaving looms were undersized and not in conformity with the specifications. Likewise the quality of wood used in the looms was of inferior quality and other items purchased on higher rates and also given undue benefit to the suppliers by making of payments of lacs of rupees against market value of the goods assessed. After completion of the investigation a case u/s 420-A, 167-A, 120-B RPC r/w section 5(2) PC Act 2006 and after obtaining sanction for prosecution presented challan in the Court of law.
In the 26 pages judgment Mr. BL Bhat Special Judge Anticorruption after hearing CPO of the VOJ and Advocates SC Bali, RP Sapolia appeared for the accused persons observed that according to the survey committed report to the effect that committee had inspected the supplied material from April 14, 1990 to May 16, 1990 and the material was reflected in store register. The IO did not show awareness about constitution of committee by Deputy Commissioner for distribution of the material among the beneficiaries. In the wake of testimony of IO it is difficult to hold that the probe has been fair and objected. The VOJ fails to convince the judicial mind that there was a conspiracy hatched between the officials of DIC Kathua and the suppliers to defraud the exchequer. There is no legal evidence to establish that sub-standard material was accepted with oblique motive and the record relating to supply of material meant for establishing income generating units for the SC category was fabricated. Dishonest intention on the part of officials of DIC to confer pecuniary advantage upon the suppliers and upon themselves by abuse of official position is woefully missing. With these observations Court dismissed the challan and acquitted accused of the charges framed against them. JNF
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