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| 55 irregular appointments in LB | | Govt denies sanction, rescues former minister from prosecution | | EARLY TIMES REPORT
JAMMU, November-10 (JNF):- In yet another case involving a former minister and Secretary Legal Aid Board were involved in fraudulently appointed some persons in the legal board in violation of the rules in the year 1985-85 where the state had denied the sanction for prosecution of the accused in this alleged scam, VOJ filed closure report which was accepted by the Court.
According to the case in the year 1987 VOJ registered case against then law Minister Ghulam Hussain Mir & Ors regarding illegal appointments in the Legal Aid Boards Cell during period 1984-1985.
According to the closure report it was alleged that Mr. Bashir Ahmed Magrey in his capacity as Secretary Legal Aid Board by abusing his official position during 1984-85 in connivance with other officials/ officers have fraudulently appointed some persons in the Legal Board Cell in violation of the rules relating to Legal Aid to Poor. He recruited overage persons and recruitment was not made through prescribed channels. He surrogated the authority of the Govt and not only created posts but also appointed against these posts by relaxing various eligibility norms. It is further alleged in the closure report that Mr. Magrey has also fraudulently prepared some papers and documents and on the authority these fictitious documents has claimed the payment of financial assistance in the name of different persons.
In the closure report it has been submitted that Legal Aid Board held first meeting on November 20, 1984 under the chairmanship of then Law Minister Mr. GH Mir and members and members. The Board has constituted a sub-committee examined the strength of staff of Board as well as District & Tehsil Level Committee. The sub-committee consists of Law Minister as Chairman, Commissioner/ Secretary to Govt Finance Dept, Secretary to Govt Law Dept and Mr. OP Sharma (retired Judge of High Court) then First Additional & District Judge as Members.
VOJ further submitted that record pertaining to the appointment of staff in Legal Aid Board as well as in District Tehsil Committee was taken from the legal aid board Office. A perusal of record reveals that no advertisement or notification was issued for the posts required in both offices. No interview was held. Then Secretary Legal Aid Board Sh. Bashir Ahmed Magrey with the collusion of then Law Minister G H Mir went on appointing persons on their own without keeping in view the specified norms and rules for the appointment. About 55 persons were appointed during the minister ship of then law Minister G H Mir. Some persons were got appointed prior to the holding the first meeting of the Board. Simply applications were taken from the individuals who seems to be very near and dear of the then law Minister and then Secretary BA Magrey.
It is further submitted in the closure report that when the Govt changed, the services of some ff the person so called overage were terminated. In the closure report it has been submitted that it is very important to mention here that previously when the Sub-Committee was constituted, Legal Aid Secretary BA Magrey was not approved as member of the committee instead Sh. OP Sharma then Additional District & Sessions Judge was approved. There is nowhere in the record which reveals that Sh. OP Sharma was dropped and BA Magrey legal Secretary inducted as member. In the closure report it has been further submitted that at the time of regularization if so called illegal appointees, Mr. OP Sharma was not called at all though he was a member of Sub-Committee and when the miniutes of meeting was prepared and placed to the members as well as Chairman for signatures, Mr. OP Sharma and Mr. RP Sethi then President Bar Association Jammu (Retired as Judge Supreme Court of India and died since) deliberately refused to sign while all others have done their signatures; instead OP Sharma recorded a separate note in which he inter-alia mentioned that proceedings have not been properly recorded because the staff appointments were not regularized. In the same manner Mr. RP Sethi then President BAJ also gave a note regarding minutes of the meeting agreeing with the note of Sh. OP Sharma. According to closure report that VOJ sent the final investigation report to competent authority on July 22, 1998 for accord Govt Sanction to prosecute Mr. Ghulam Hussain Mir then Minister for law. The Commissioner of Vigilance vide letter dated March 10, 2010 has conveyed that competent authority vide communication dated March 3, 2010 has declined the sanction for prosecution of the accused public servants and filed this closure report.
While accepting closure report Special Judge Anticorruption Jammu Mr. AK Koul observed that grant of sanction in terms of 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 under section 161/164/165 or 167-A of RPC or under sub section 2 or 3 of section 5 of the PC Act in absence of sanction. That being so nothing more needs to be stated or done in the matter. In the light of forgoing reasons the closure report is accepted.
It is worthwhile to mention here that already state Govt had deined sanction in the 1400 mertic tonne resin case which compelled the VOJ to file the closure report which was also accepted by the Court.
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