Early Times Report
JAMMU, July 4: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court quashed the FIR NO 28/2010 registered by VOK against then Medical Supt SMHS Hospital.
As per the impugned FIR, a Joint Surprise Check (JSC) was conducted into the allegations of misappropriation of public revenue by Mohammad Amin Nazki Cashier and other officers/officials of SMHS Hospital, Srinagar, during the period 01.04.2007 to 16.03.2010. During the JSC, it was found that public revenue was collected by the office of Medical Superintendent, SMHS Hospital, Srinagar, from different sources, namely, investigation charges, parking charges, rent of the canteen of the hospital through Deputy Medical Superintendent/Medical Record Officer and was being handed over to Cashier of SMHS Hospital, Srinagar, for its remittance/deposition under three heads, namely, Hospital Development Fund (HDF), 0210 (Government Revenue) and 8443 (Revolving Fund Deposit). It was found that the revenue collected under the head 'HDF' was supposed to be deposited in J&K Bank Ltd. Branch Office Medical College, Srinagar, and the revenue collected under other two heads was supposed to be deposited in Government Treasury, Tankipora, Srinagar. It was also found during the JSC that account head 0210 was maintained by Accounts Officer as DDO and other two heads i.e. 8443 and HDF, were being operated by Medical Superintendent, SMHS Hospital, Srinagar, as Drawing and Disbursing Officer.
It is further alleged in the impugned FIR that JSC conducted revealed that during the period prior to April 2007 to March 2010, an amount of Rs.1,43,89,360/ was realized as revenue under different heads from the public and the same was handed over to Shri Mohammad Amin Nazki, Cashier, for its remittance to Government Treasury, Tankipora, and J&K Bank. However, Mohammad Amin Nazki, Cashier, unauthorizedly and illegally incurred an expenditure of Rs.63,52,514/ on different components, namely, salary, refunds and refreshment charges out of the aforesaid amount. It was also found that Mohammad Amin Nazki, Cashier, willfully retained an amount of Rs.80,36,846/ and did not deposit the same in the Government Treasury/J&K Bank for a considerable period with criminal intent to misappropriate the same. It was found that Mohammad Amin Nazki, Cashier, had resorted to manipulation of records, namely, Cash Book etc. Thus, it was found that Mohammad Amin Nazki, Cashier, in league with concerned DDOs and other officials of SMHS Hospital, Srinagar, has misappropriated public revenue of Rs.80,36,846/.
It is further alleged in the impugned FIR that Mohammad Amin Nazki, Cashier, subsequently, after detection of misappropriation, deposited an amount of Rs.52,89,113/ in Government Treasury leaving behind an amount of Rs.27,47,733/. It is alleged that Amin Nazki, Cashier, and others, by abusing their official position and in league with each other, dishonestly misappropriated public revenue of Rs.80,36,846/. Thus, they have committed offences under Section 5(1)(c) and 5(1)(d) of J&K PC Act read with Section 120-B, 409, 468 and 471 RPC.
Justice Sanjay Dhar after hearing both the sides observed that in the present case, the prosecution records reveal that the petitioner may have violated departmental norms while incurring expenditure out of the Hospital Development Fund but, nonetheless, the only intention of the petitioner in doing so was to take care of extreme urgency that had arisen on account of peculiar circumstances which had prevailed pursuant to Amarnath Land row and the said action of the petitioner was even ratified by the Hospital Development Committee. Similarly, the petitioner may have also been found lacking in exercising a proper control over the accounts wing of the hospital but because he was not the Drawing and Disbursing Officer of those two particular accounts, therefore, it cannot be inferred that he was a part of the conspiracy in so far as embezzlement of funds out of those two account heads is concerned. Mere lack of supervision on the part of the petitioner cannot form a basis for roping him in the conspiracy, particularly when he is not a signatory to the account books pertaining to those two account heads.
It is in the face of aforesaid facts and circumstances that the both the Enquiry Committees have exonerated the petitioner of the charges levelled against him and the Government has only issued a warning against him on account of his lack of supervision over the accounts wing. In such circumstances, the ratio laid down by the Supreme Court in Ashoo Surendranath Tewari's case (supra) would apply on all fours to the present case. Therefore, the petitioner, on the basis of the material collected by the Investigating agency during the investigation of the case and on account of the fact that he has been fully exonerated by the two enquiry committees in the regular departmental proceedings, cannot be made to suffer the criminal prosecution emanating out of the impugned FIR. In these circumstances, this Court finds the present case as the fit one for exercising its powers under Section 482 of Cr. P. C for quashing the criminal proceedings against the petitioner so as to secure the ends of justice and to prevent abuse of process of law.
Accordingly, the petition is allowed and the impugned FIR and the proceedings emanating therefrom to the extent of petitioner only, are quashed.
—JNF |
