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| Flawed investigation puts ex-babu in dock, ex-mantri goes scot-free | | | Early Times Report
Jammu, Sept 10: As much expected, a lenient investigation and overlooking of facts and circumstances by the investigation agency have let a former Minister go scot free and put a retired government official in dock who just acted on instructions and orders of the former in making alleged illegal recruitments over a decade back.
Dr MP Gupta, the then Director Health Services Jammu is accused of having made illegal appointment at various levels in the department on endorsement of the then Minister of State for Health and Family Welfare Pandit Govind Ram Sharma. The case pertains to the fad end of Dr Farooq Abdullah’s National Conference government between 1996 and 2002.
Special Judge Anticorruption Jammu BL Bhat today acquitted Pt Govind Ram Sharma then Minister of State for Health and Family Welfare and convicted Dr. MP Gupta then Director Health Services Jammu and sentenced him to one years’ imprisonment and fine of Rs,10,000 in illegal appointment case.
Advocate Ved Raj Wazir representing Pandit Govind Ram Sharma submitted that since no material establishing complicity of accused former Minister in the alleged crime had been unearthed by the Investigating Agency and no sanction for prosecution of accused had been obtained and thus taking of cognizance against the accused was bad. It is further submitted that even if this Court was of the opinion that there was some material pointing towards complicity of accused then MOS, it should have directed further investigation and not taken cognizance of offence u./s 5(2) PC Act against Pt Govind Ram Sharma. On the other hand Chief Prosecuting Office Purshtom Sharma appearing for the VOJ submitted that this court has taken cognizance against accused Pt. Govind Ram Sharma in terms of provisions of section 190 Cr PC and it was empowered to do so.
In his 33 page judgment Court observed that even anxious consideration to the arguments advanced at the bar, accused Govind Ram being a member of State Legislature and a member of council of ministers was a public servant in terms of the provision of section 2 (a) of Prevention of Corruption Act. Section 6 of the said Act lays down the mandatory provisions in terms whereof previous sanction for prosecution was a sine-qua none for taking cognizance of offence under PC Act against a public servant. Admittedly in the instant case investigation did not arraign Govind Ram Sharma as an accused in the case, his role was not proved. In terms of order dated September 22, 2003 then MOS arrayed as accused in the instant case after holding that he too was privy to the commission of crime imputed to accuse Director Health Services. In absence of sanction for prosecution of accused then MOS the entire exercise of trial against him stands vitiated. Court further observed that these 33 appointments create a liability on the state exchequer. These appointment orders were issued by then Director Health Services just three months before he demitted his oofice on attaining the age of superannuation and acquitted then MOS Health and Family Welfare Pt Govind Ram Sharma from the charges leveled against him. After hearing Advocate PN Goja appearing for the Director Heath Services, the Court convicted then Director Health Services and awarded one year imprisonment and fine Rs 10,000.
Acting on a complaint that the then Director Health Services Jammu at the behest of then MOS Health & Family Welfare, appointed more than 200 as pharmacists, junior assistant, drivers and other class IV in contravention of recruitment rules and without issuing advertisement, the Vigilance Organization registered a case u/s 5(2) PC Act 2006 r/w section 161, 120-B RPC. The investigation revealed that the accused during his tenure from May 1997 to ending March 1998 as Director Health Services Jammu appointed 33 candidates illegally in gross violation of rules. These appointments were made on the endorsement/recommendations made on the applications of candidates by then MOS Health & Family Welfare, Pt Govind Ram Sharma throwing all norms to winds. After completion of investigation challan was presented in the court of law.
Pt Govind Ram Sharma was not arrayed as an accused by Investigating Agency, however, this Court being of opinion that he, as the then MOS for Health & Family Welfare, was privy to commission of crime imputed to accused then Director Health Services, directed that Pt Govind Ram Sharma be arrayed as an accused in instant case. After hearing prosecution and the accused at the stage of framing charge, this court found that the material assembled during the investigation prima-facie established commission of offence u/s 5(2) PC Act 2006 BK r/w section 120-B RPC against the accused, accordingly charged were framed against them.
It is worthwhile to mention here the Special Judge Anticorruption Jammu on August 31, 2009 had convicted the Director Services in another case of illegal appointments also. (JNF)
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