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Court accepts closure report filed by VOJ
Resin Auction scam
11/7/2010 12:37:42 AM
EARLY TIMES REPORT
JAMMU, November-06 (JNF):- Special Judge Anticorruption Jammu AK Koul today accepted closure report filed by VOJ against then Chief Conservator of Forest Jammu PC Kapoor and Ors allegedly involved in auction of 1400 metric tones of resin during the year 2003-2004. According to the closure report a case under FIR No 12/2006 registered u/s 5(2) JK PC Act 2006 r/w section 120-B RPC in the Vigilance organization. According to the facts precisely that Forest Dept after collecting 1400 metric tons of resin from various forest Division of Jammu Province put into to auction during the year 2003-2004. During the auction JKI offered a rate of Rs 23.50 per kg but Mr. PC Kapoor then Chief Conservator forests Jammu sold the resin to a Bombay Based industrial group M/S Dujjodwala @ 18 per KG and caused a huge loss to the state exchequer. Registration of the case followed on the basis of afore given facts and detailed investigation was conducted by VOJ which revealed that complicity of Mr. PC Kapoor then CCF, Lal Chand Mehar then CEO/ Manager Dujjodwala Resin Terpenes and Permanand Patnik then PCCF in commission of the offence u/s 5(2) J&K PC Act r/w section 120-B RPC to launch the prosecution in the Court of law, sanction was sought from the Govt but the Govt denied to grant of sanction in terms of order GAD (VIG) 03-SP/2009 dated August 19, 2010 and the VOJ accordingly submitted the final report. Court observed that grant of sanction in terms of section 6 of Jammu & Kashmir Prevention of Corruption Act is the prerogative of Govt and compulsion with the Court is that it cannot take cognizance of any offence punishable in corruption act without previous sanction. With these observations Court accepted the closure report. JNF JNF/NOVEMBER/06/2010/1
HC stays suspension of PatwariJAMMU, November-06 (JNF):- Justice Mansoor Ahmed of Jammu & Kashmir High Court (Jammu Wing) stayed the suspension order of Patwari Rajinder Kumar who was placed under suspension by the order Deputy Commissioner Jammu. According to the case Deputy Commissioner Jammu has issued order on August 11, 2010 commanded all the Revenue Agencies not to issue copies of “Fard-i-Intikhab” relating to land “Gair Mumkin Khad/Nallah/Pond”. It is also averred that the petitioner has prepared the “Intikhab-Misli Hikayat of 1979” on August 7, 2010 which came to be countersigned by Naib-Tehsildar Jammu Khas on September 9, 2010 and Tehsildar on September 13, 2010. According to the Advocate KK Pangotra with Advocate SM Choudhary for the petitioner submitted that the order August 11, 2010 issued by the Deputy Commissioner Jammu was not in place when the petitioner Patwari prepared and issued the aforesaid document but despite of that the petitioner was placed under suspension on account of that he has violated the command dated August 11, 2010 and no action has been initiated against Naib-Tehsildar and Tehsildar who have countersigned the said document. The court observed that the Advocate KK Pangotra with Advocate SM Choudhary argued that impugned order has been passed without hearing the petitioner and in violation of the rules and regulations and issued notice to State of J& through Commissioner/ Secretary Revenue Dept, Deputy Commissioner Jammu, AC Revenue Jammu and Vijay Kumar Patwari Halqa Khas Jammu and stayed the suspension order of petitioner Patwari issued by the Deputy Commissioner Jammu with the direction that respondents are at liberty to conduct enquiry as warranted under law.
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