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| Alleged embezzlement in CADP HC directs CS to submit status report, refer matter to SVO | | | Early Times Report:
Jammu, Sept 05- In a much publicized embezzlement in CADP Department, the Jammu and Kashmir High Court today directed the state Chief Secretary to submit status report before October 5 indicating steps taken by the government for lodging FIR against officials indicted by the Committee in alleged embezzlement in the Department. The Court also directed for holding a fresh inquiry to identify the actual amount embezzled by the officials of the Department including the petitioner.
Justice Sunil Hali ordered that in case no steps have been taken in this regard, the matter be referred to State Vigilance Organization for registering a case against the persons who have embezzled the amount on the basis of preliminary report of the Committee set up for the purpose.
These directions were issued in a petition filed by Mohammed Afzal Malik.
Justice Hali observed that nothing has emerged from the record whether an amount retained by Ghulam Mohammed Hakim has been recovered or not. He further observed that the respondents want to hush-up the matter without bringing to light the actual amount embezzled by the petitioner and other officials of the department who have been directly indicted by the preliminary report submitted by the committee constituted in February, 2002. Systematically an effort has been made by the respondents only to pin point the liability on the petitioner by showing that some amount is due from him, but willfully hiding from the court the actual amount, which has been embezzled right from 1990 till 2001. Court held that the respondents have not determined the amount nor they have disclosed from the record as to whether there is any admission of the petitioner acknowledging his liability. An affidavit filed by the respondents with their objections could have clinched the issue, but deliberately the amount has not been disclosed in the affidavit, it is clear that before seeking recovery against the petitioner the actual amount has not been determined.
In his 35 page judgment Justice Hali directed Secretary CAPD to hold fresh enquiry into the matter to identify the actual amount embezzled by the officials of CADP department including petitioner who have been indicted by the committee in its report of April 23, 2002. Secretary CAPD will provide an opportunity of being heard to all those persons including the petitioner and thereafter pass appropriate orders as are necessary in the facts and circumstances of the case. He will also take steps to recover the amount embezzled from such persons including the petitioner as arrears of land revenue under Land Revenue Act, if it is found that the same has been embezzled by them, besides initiating departmental inquiry under Civil Service Rules 1956 and complete the whole exercise within a period of three months from the date copy of this order is received by him. JNF
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