Saturday, February 4, 2012

Cases against dozen KAS officers pending in courts


Over a dozen KAS officers (both retired and serving) figure among those accused against whom cases are under trial for corruption charges in the courts of Special Judge Anti-Corruption/ Additional Sessions Judge Anti-Corruption at Jammu and Srinagar, awaiting disposal.

As per the official statistics available with `JK News’, their cases are among 215 cases under trial against ministers, MLAs, MLCs, ex-ministers, ex-legislators, IAS, IPS, KAS, KPS and other gazetted officers in these courts. 

In certain cases, FIRs were filed in the year 1989 yet they are still awaiting disposal.55 cases, involving 79 accused including politicians and senior bureaucrats, are under trial (till September 15’11) in the courts of Special Judge Anti-Corruption Jammu and Additional Sessions Judge Anti-Corruption Jammu.

Out of them, few accused even hold an unenviable distinction of having multiple cases registered against them. In a particular case around 10 separate FIRs have been registered against former DEO Poonch M Y Kohli.
In all 10 cases, the case is at the stage of defence evidence. Out of 10 FIRs, one was registered 22 years ago in 1989.

Similarly in the courts of Special Judge Anti-Corruption Srinagar and Additional Sessions Judge Anti-Corruption Srinagar, 160 cases against around 400 accused involving politicians, bureaucrats and other gazetted officers are under trial.

Sitting MLA Kalakot Rash Pal Singh who also enjoys the status of Minister of State in his capacity as Vice-Chairman Kissan Welfare Board is a co-accused with former DC Excise Jammu J S Modi and former ETO Jammu Bhopinder Singh Manocha in a case vide FIR No 34/97 under sections 5(2) P C Act r/w 419, 420, 467, 468, 471, 477-A, 201 and 120-B RPC. In this case, the charges have not been framed so far by the court. However, the charges in the challan are that accused persons in connivance with each other misappropriated/embezzled an amount of Rs 3,05,45,000 due to be paid by M/S Kuldip Singh and Co Jammu as excise duty.

LPA was pending before division bench of J&K High Court Jammu against the order of single bench wherein FIR was ordered to be quashed.

MLA Shangus, Anantnag Mansoor Hussain Shorewardi is one among 9 accused in a case FIR No 21/93 U/S 5(2) P C Act r/w 409, 120-B. The case was filed against Mansoor and other 8 accused, when he was AEE REW Anantnag. As per the charges, the part of multicrore rural development scam Anantnag wherein crores of rupees have been withdrawn against non-existent works, double drawl and substandard works and state has been put to loss to the tune of Rs 4,77,436. The money had been sanctioned by Government of India under JRY scheme and operation Black Board with the object to generate employment among youth and rural engineering wing Anantnag was the executing agency.

Other accused in this case included Abdul Rehman the then BDO, Shangus, Abdul Khaliq Wani, the then Chief Planning Officer, Anantnag, Mohammed Shafi Bhat, the then AEE REW, Anantnag, Abdul Gani Kuchay the then AE, REW Anantnag, Khurshid Ahmed Shah, the then AEE REW Anantnag, Mirza Ahmedullah the then AO DRDK, Manzoor Ahmed Maboo, the then Executive Engineer, REW Anantnag and Abdul Gani Gadyari, the then Deputy Director, A&T, Kashmir.

The case is at a stage of prosecution evidence but trial has prolonged due to absence of accused persons. 
The name of former Commissioner Secretary Education department J&K Ajit Kumar (now retired) is one among those 5 IAS officers, whose cases are under trial in the anti-corruption courts. The case was registered against him vide FIR No 69/99 under sections 5(1)d r/w 5(2) P C Act r/W 120-B/RPC and KAS officer  Janak Singh (now retired), who was then FA to Additional Chief Secretary Education department, is a co-accused in this case.

As per the charges framed, the accused, while posted as Additional Chief Secretary Education department and Chairman SLPC in 1997-98 in collusion with other accused SLPC members and supplier firm purchased jute matting on highly exorbitant rates thus causing loss to the tune of Rs 57,62,500.

The petition U/S 561-A CrPC is pending before the High Court at Srinagar against the order of charge.
Mohammed Yasin Shora KAS officer and former General Manager DIC Anantnag is a co-accused with Ali Mohammed Darzi former CAO of I&C Srinagar and Mohammed Amin former Material Manager DIC Anantnag in a case registered vide FIR No 44/2000 U/S 5(2) P C Act r/w 467, 468, 471, 120-B.

The charges were that the accused in his capacity as General Manager DIC Anantnag in league with proprietor of M/S Shuhul Floor Mills, Khanabal put the state exchequer to loss fraudulently by processing/passing and drawing fictitious transport subsidy claims to the tune of Rs 57,75,833 which was carriage subsidy released in favour of the firm which had transported wheat from FCI India to Kashmir Valley though most of the trucks had not entered the Kashmir Valley.

The case is at a stage of prosecution evidence.

Among KAS officers, whose cases are under trial in these courts, also figure the names of Ghulam Mohammed Hafiz and Ghulam Rasool, against whom FIR No 14/05 was registered under U/S 5(1) (d)5(2) P C Act r/w 201, 467, 471 and 120-B RPC. At the time of registration of case, Hafiz was ACR Poonch while Rasool was Tehsildar Surankot.

In their case, the charges have not been framed so far by the court. However, the charges in the challan are that during operation “Sarpvinash” in Hill Kaka area of district Poonch about hundred families were evacuated to safer places and to compensate these families, the funds to the tune of Rs 7.40 Cr were released during the year 2003-04 and 2004-05 and it has been established during the investigation that compensation has been paid to the illegal beneficiaries in connivance with some middlemen/touts by the then ACD Chowdhary Mohammed Hafiz and other revenue officers and officials.

KAS officer and former Project Officer Wage and Employment (ACD) Kupwara Abdul Rashid is facing trial in a case registered vide FIR No 24/2010 U/S 5(2) J&K P C Act Samvat 2006 r/w 161 & 120-B RPC. As per the charges, the accused demanded and accepted Rs 10,000 in the capacity of the Project Officer Wage and Employment (ACD) Kupwara for preparing letter (order) for revalidation of funds in favour of the complainant. The case is on charges stage.

Yet another KAS officer Ghulam Mohi-ud-Din Rather former Assistant Commissioner Revenue/Collector Land Acquisition, Pahalgam figures as an accused in a case registered vide FIR No 1/09 U/S 5(2) P C Act r/w 120-B, 420, 467, 468 RPC. As per the charges the accused in the capacity of Assistant Commissioner Revenue Land Acquisition, Pahalgam fraudulently manipulated the records in the process of acquisition of land for extension of Golf Course at Laripora Pahalgam and changed from 19 Marlas to 10 Kanals and 19 Marlas as such caused loss to the tune of Rs 51,75,000 by making excess payment against non-existent 10 Kanals.

KAS Officer and former Director Social Welfare Kashmir Ghulam Nabi Boda is one among 7 accused against whom the case was registered vide FIR No 5/2006 U/S 5(1) (d) P C Act r/w u/s 5(2) P C Act & 120-B RPC. As per the charges, the accused in his capacity as Director Social Welfare Kashmir in league with co-accused made purchases of steel trunks, seed bins and jute matting etc on highly exorbitant rates during the year 2004-05 without tendering process thereby putting state exchequer to a loss of Rs 42,41, 716. The case is on stage of charge.

Former SDM Kishtwar Ghulam Ali Giri is a co-accused with Chuni Lal Balopch (presently Tehsildar Akhnoor Jammu) in a case filed vide FIR No 40/2003 U/S 5(2) P C Act r/w 409, 420, 467, 120-B RPC for misappropriating food grains against artificially inflated population of Marwah and Warwan blocks of tehsil Kishtwar after falsely showing the population of these two blocks as 33147. The case is on charge stage.  
The case of another KAS officer and former DC Kupwara Shah Latif is at charge stage. Against him the case was registered vide FIR No 19/01 U/S 5(2) P C Act r/w 120-RPC for sanctioning ex-gratia relief in favour of migrants during the year 1998, who were not entitled to the same without any claim having been preferred by beneficiaries and without conducting necessary verification in league with other accused. As such a pecuniary loss to the tune of Rs 1.13 Cr was caused to the state exchequer in the shape of undue conferment of benefit upon beneficiaries.

KAS officer and former ACD Srinagar Fayaz Hussain Mir is an accused in a case registered vide FIR No 19/03 U/S 5(2) P C Act r/w 419, 420, 467, 471, 120-B RPC. He, as per charges, in the capacity of ACD Srinagar misappropriated an amount of Rs 697900 drawn on account of defunct OBB Scheme (of 1993) in conspiracy with his subordinate official. His case is at charge stage.

The case of former BDO Sopore and KAS officer Mohammed Ashraf Bhat, registered vide FIR No 20/04 U/S 5(1) d r/w 5(2) PC ACT 161, 120-RPC for demanding and accepting an amount of Rs 1000 from the complainant, is at the stage of prosecution evidence.

Ex Vice-Chancellor SKUAST Nagender Sharma is one among four accused against whom the FIR No 19/09 was filed under sections 5(2) P C Act 2006 r/w 468, 471 and 120-B RPC. In this case, the charges have not been framed so far by the court. However the charges in the challan are that accused persons in furtherance of criminal conspiracy with each other make illegal appointments in SKUAST Jammu. The case was returned for bifurcation of challan.

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