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PIL seeking prosecution of Senior Officers involved in corruption
DB issues notice to CM, Union Home Ministry & Ors
6/17/2012 12:56:33 AM
Jammu, June 16 (JNF): A Division Bench of the State High Court has issued notices among others to the Chief Minister seeking their stand on the pending cases of corruption against senior government officers.
In the much publicized Public Interest Litigation seeking prosecution of Senior IAS/IFS/KAS Officers against whom the State Vigilance Organization has sought sanction from the Govt of Jammu & Kashmir and Govt of India, A Division Bench of State High Court comprising Chief Justice MM Kumar and Justice JP Singh after hearing Advocate Sheikh Shakeel Ahmed for the PIL and ASGI KK Pangotra appearing for Union Home Ministry and Ministry of Personnel and Training Govt of India and AAG Gagan Basotra appearing for State respondents, issued notice to Chief Minister J&K, Chief Secretary J&K, Secretary Ministry of Home Affairs New-Delhi, Secretary Ministry of Personnel & Training Govt of India, Commissioner/Secretary GAD, Commissioner/Secretary Law Dept, Commissioner/Secretary Housing & Urban Development Dept, Commissioner/Secretary Social Welfare Dept and Commissioner of Vigilance J&K Vigilance Organization which were accepted in the open Court by ASGI KK Pangotra for Union of India and AAG Gagan Basotra accepted the notices for Chief Minister J&K and other state functionaries.
Division Bench after going through the status report filed by Commissioner/ Secretary GAD, expressed its deep concern over delay in according sanction by the state Govt and Govt of India and observed that perusal of the office report reveals that there are number of officers who are prima-facie found guilty and against whom a case is made out by the Jammu & Kashmir Vigilance Organization. The authorities have themselves placed reliance on a judgment of Apex Court in case Dr. Subramaniam Swamy Vs Dr. Manmohan Singh & another.

Division Bench further observed that the respondents shall show cause why there is delay in according sanction for prosecution against the officers who have been named by the petitioners as well as in the status report. The needful shall be done within four weeks. DB looking into the public interest involved in the PIL directed the Registry to list the same in the week commencing from August 6, 2012.

According to the status report filed by Commissioner/Secretary GAD through AAG Gagan Basotra it has been pointed out that out of 21 cases, 12 cases are presently under examination of the Govt, Seven cases have been referred for grant of prosecution sanction to the competent authorities under law and in one case prosecution sanction was not required against two officers as they had retired (FIR NO 29/2003 VOJ) and the High Court in this has quashed the FIR on November 4, 2011 and in one case prosecution sanction has been issued on June 6, 2011 by Housing & Urban Development Dept in respect of in-service accused officers.
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