DODA, Dec 19: Special Judge Anticorruption Doda Archana Charak today framed charges against then Assistant Commissioner Development Kishtwar (now retired), Mohd. Yasin Mir Retired BDO, Chet Singh, then Junior Assistant of BDO office Drabshalla & Khalid Hussain, Contractor, who were booked by Vigilance Organization Jammu (Now Anti-Corruption Bureau) in misappropriation of funds case.
The brief facts of the case are that the then Assistant Commissioner Development Kishtwar wrongfully gave the sanction in respect of four works which were neither included in the Annual Action Plan of year 2009-2010 nor in the revised/additional Annual Action Plan.
The accused person in conspiracy with other co-accused person, in order to give benefit to the private contractor Khalid Hussain, gave wrongful sanction for the works in question by abusing his official position and in criminal conspiracy with accused Yasin Mir, then BDO and Chet Singh, Jr. Assistant posted in the office of BDO office Drabshalla facilitated preparation of fake & fraudulent documents for release of payment to the tune of Rs.10.00 lacs in favour of Khalid Hussain.
Court observed that there is enough material on record to show prima facie that accused Ghulam Nabi, then ACD Kishtwar in league with other accused public servants had given the approval of the works in question by hatching a criminal conspiracy with each other manufactured the record, fake and fabricated muster sheets prepared and released the payment of Rs.10 lac. in favour of Khalid Hussain (accused) by showing skilled & unskilled person as a job card holders in the muster roll and violate rules and abusing their official positions against middle-man & misappropriated the Government funds.
So the Court is of the considered view that there is sufficient ground for proceeding against the accused person namely Ghulam Nabi Balwan, then Asst. Commissioner Development Kishtwar (now retired), Mohd. Yasin Mir Retired BDO, Chet Singh then Junior Assistant of BDO office Drabshalla & Khalid Hussain for the offence punishable under Sections 5(1)(b) r/w 5(2)JKPC Act, 467/468/471/120-B RPC & hence the accused persons are charged with offences punishable under sections 5(1)(b) r/w 5(2)JKPC Act, 467/468/471/ 120-B RPC. It needs to mention here that the FIR against the accused persons was lodged on 03/08/2012 at Police Station Vigilance Organization and the challan was produced before the Court on 26/04/2019.
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