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| CJ directs TC regarding proceedings against accused in misappropriation of food grains | | | Early Times Report
Jammu, February-20 : Misappropriation of 1, 70 600 quintals food grain wherein allegedly accused Ghulam Rasool Magray the then Supervisor CAPD Marwah seeking quashment of proceedings against him, Chief Justice Barin Ghosh of J&K High Court Jammu Wing after hearing Sr. Adv AV Gupta with Adv YE Tak appearing for the petitioner Ghulam Rasool Magray whereas AAG Jagdish Parihar appeared for the state, disposed application by directing that unless sanction to prosecute the applicant is specifically granted, the subject criminal proceedings against the applicant shall not proceed any further.
During course of arguments Sr. Adv AV Gupta appearing for petitioner submitted that at about the time when sanction to prosecute under the corruption Act was granted, the applicant had been retired prematurely, thus no sanction to prosecute was granted against the applicant. The order pre-maturely retiring the applicant was quashed in a writ petition, however at that time an appeal against the order of writ was pending and the appellate Court had stayed the operation of the order of the writ Court. In the circumstances when the sanction was accorded, the sanctioning authority proceeded on the basis that applicant is not a Govt employee. However, later on the appeal stood dismissed and the order of the writ Court quashing the premature retirement of the applicant was upheld by the appellate Court, in the circumstances in law, it must be deemed that the applicant continued to and is still a Govt employees and as such the sanction to prosecute the applicant without the sanction cannot process the case of applicant.
According to the case that the investigation conducted by State Vigilance Organization Kashmir Wing has revealed that in and around the year 1997 the accused public servants namely Ghulam Rasool Magray then Supervisor, Ghulam Ali Giri then SDM Kishtwar and Siraj-ud-Din then Naib-Tehsildar Marwah alleged hatched a criminal conspiracy with the object of misappropriating public money by subverting the supply of Food Grains on concessional rates through Public Distribution System in the two blocks of Marwah and Wadwan in Tehsil Kishtwar. In furtherance of the conspiracy hatched the accused officials dishonestly, fraudulently by abuse of their official position inflated, the list of number of consumers by incorporating fictitious persons and are repeating the names of already existing consumers with dishonest intention of misappropriation of the carriage charge connected with the transportation of food grains drawn from such fictitious consumers. It is further alleged that the accused Public servants of Revenue Depts Daulat Ram then Naib-Tehsildar Marwah/Wadwan, Rustam Ali then Naib-Tehsildar and Chuni Lal Blauch then Tehsildar Kishtwar joined the conspiracy during their tenure as Revenue Officers from 1997 to 2002 in the said blocks and to carry out the object of the criminal conspiracy they fraudulently and dishonestly projected and shown the highly inflated population and thereby facilitated the drawl of food grains from the Govt agency against such falsely inflated population continuously from 1997 to 2002. It is further alleged that in furtherance of criminal conspiracy accused Ghulam Mohi-ud-Din Zargar then Supervisor, Ghulam Qadir Hazam then Supervisor, Habibullah Bhat then Supervisor, Peer Siraj-ud-Din then Store-Keeper along with other mentioned above during the period of 1997-2002 prepared factually incorrect and false records showing the sale of excess food grain to the fictitious consumers. In the sanction order it has been mentioned that accused involved in the case an approximate quantity of 1, 70, 600 quintals of food grains was fraudulently and dishonestly drawn in excess against fictitiously inflated population from the state granary which was illegally disposed of in open market. It is further alleged that instead of depositing the sale proceed of illegal and dishonestly drawn food grain in the Govt treasury the above named accused dishonestly retained an amount of Rs 9.61 crores falsely showing it as an expenditures incurred towards carriage charges of such food grains which was subsequently misappropriated and VOJ after completion of the investigation seeking sanction for prosecution of in-service and retired Govt officials of CAPD and Revenue Dept including the private respondents which was accorded by the GAD Dept. JNF
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