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CJ remits matter back to Anti Corruption Judge for framing charges
12/14/2009 11:08:53 PM
Early Times Report
Jammu, Dec 14- Allowing criminal revision filed by State against the order of Special Judge Anticorruption Jammu, discharging the then Director Agriculture Som Nath Sharma from the charges of making illegal appointments, Chief Justice of J&K High Court Barin Ghosh today set aside the impugned order and remitted the matter to Special Judge Anticorruption Jammu for framing charges against the alleged accused officer.
After hearing both the sides the Chief Justice referring to the Vigilance Organization reports observed for the reasons the order impugned is set-aside and the matter is remitted back to the Court of Special Judge Anticorruption Jammu with a direction for taking steps for framing of charge.
According to the case it was alleged that accused Som Nath Sharma while holding the post of Director Agriculture Jammu engaged 110 candidates as class IV employees during 1995-96 in violation of guidelines issued by the Government from time to time thereby created labiality for the Government. The investigation pursuant to the said FIR s revealed that the accused had issued 164 appointment orders, appointing or engaging 77 candidates during the time he was Director Agriculture Jammu. These appointments were in violation of SRO 291 of 1989. The Vigilance report further reveals that the accused instead of referring the vacancies to District Recruitment Board, filled-up the vacancies himself by abusing his official position and for his own pecuniary benefits. It was further reported that 20 candidates were ordered to work in other offices when there no urgency in making such appointments. The accused official was charged to have committed offence punishable u/s 5(2) of the Prevention of Corruption Act 2006 r/w section 161 of RPC. On presentation of challan the accused was heard by the Special Judge Anticorruption Jammu and discharged him. Against the order of Special Judge Anticorruption, State filed criminal revision in the State High Court. JNF
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