Transfer Scam: Court returns closure report, directs Director ACB for further investigation

STATE TIMES NEWS

JAMMU: In a much publicized case of transfer industry in which ACB registered a case against then I/C CEO in which ACB filed closure report, Additional sessions Judge Anticorruption Doda Amarjeet Singh Langeh on Saturday returned the closure report with the direction to Director ACB for further investigation.
Director, Vigilance Organization J&K received a communication from the then Director School Education Jammu, namely Ravinder Singh dated September 9, 2017 alleging therein that the then Incharge Chief Education Officer, Kishtwar Ajit Kumar Sharma has committed certain malpractices while effecting transfers during his tenure as Incharge CEO from June 2017 till September 9, 2017 wherein under the guise of strengthening his office, transfers were made in connivance with subordinates for pecuniary benefits.
The said communication further mentioned that in order to unearth truth and nexus between CEO and his subordinates/ beneficiaries, detailed investigation needed to be conducted. The Director School Education Jammu accordingly requested for the investigation in aforesaid background.
On receipt of aforesaid complaint lodged as aforesaid, FIR No. 36/2017 for offences under sections sections 5(1)(d) r/w 5(2 ) of P.C Act 2006 and Section 120-B of RPC was registered and investigation triggered.
During investigation, it came to fore that Ajit Kumar Sharma remained posted as Incharge CEO Kishtwar from June 12, 2017 to September 9, 2017; that 135 employees were transferred/attached during this period who included Masters, teachers, RRTs/ RETs and other non-teaching staff; that 15 Masters were either transferred or deployed despite post of masters being of Divisional Cadre; that to transfer/deploy masters was beyond competence of accused C.E.O Kisthwar; that some of the masters were transferred twice within a period of one month; that 82 teachers were also shifted from their respective place of postings; that 16 RETs/PRETs were also shifted during this period by accused; that vide order dated August 24, 2017 issued by then Deputy CEO , all transfer orders issued after July 31, 2017 were cancelled; That all these transfer orders were found in violation of Rules and Regulations and transfer policy issued by Govt on July 28, 2010. Further, during the course of investigation it also surfaced that an inquiry was also conducted by Joint Director of Education Doda/Kishtwar/Ramban Range.
The inquiry report is on the file. During this inquiry, it was found that transfer orders were issued without reason and mid-term deployments were not justified. Deployments were made in CEO office, Kishtwar beyond sanctioned strength. However, according to inquiry report un-warranted mid-sessions transfers were made ignoring interest of students and man power without any rationale ; that Pardeep Koul (Master grade) posted at Govt H.S School (boys) Kishtwar was also engaged in personal section of accused C.E.O and he used to work as anchor on National Festivals ; that Lalit Kumar Shan and Pardeep Koul used to sit jointly in computer Lab of Govt H.S School boys till late Hours and Lalit Kumar used to type transfer orders being close associates of accused; that Kavi Raj, Shahnwaz (Master) and Vikrant Thakur( DNO) were also suspected to be involved in alleged transfers/deployment/attachments scam etc.
The Investigating officer, Inspector Maroof Ahmed however, concluded that allegations of mal-practices/corrupt practices for pecuniary benefits could not be established against accused and finally case was closed as ” not proved”. Eventually this closure report was presented in this court on March 8, 2018.
Additional Sessions Judge Anticorruption Doda Amarjeet Singh Langeh after gone through the entire gamut of allegations in the FIR, statements of vital witnesses and inquiry report suspecting foul play by accused and other officials – minutely, observed that he basis on which instant closure report has been presented and case closed as not proved – visibly demonstrates glaring acts of omission and commission by the investigating officer.
Undisputedly, over a period of nearly three months, accused CEO (Ajit Kumar Sharma) transferred/attached 135 employees who included masters, teachers, RRTs/RETs and other non teaching staff; 15 masters were either transferred or attached by accused without competence, for, the post of master is a Divisional cadre post and C.E.O is not authorized to transfer a master; that some of the masters were transferred twice within a period of one month; that 82 teachers were also shifted from their respective place of postings; that all transfer orders issued after 31.07.17 were cancelled and all these transfers were found to be in violation of Rules and Regulations and transfer policy issued by Govt. on 28.07.10. Not only that , Govt also ordered an inquiry tobe conducted by Joint Director of Education Doda/Kishtwar/Ramban Range. The inquiry so conducted found that transfer orders issued by accused aforesaid were without reason and mid-term deployments were not justified. Deployments made in C.E.O Office Kishtwar were found to beyond sanctioned strength. Inquiry report also reveals that the mid session transfers so made ignored the interest of students and man power without any rationale and that Pardeep Koul (Master), Lalit Kumar Shan , Shahnawaz (Master) and Vikrant Thakur (DNO) were also suspected to be involved in the aforesaid transfer racket in one capacity or the other in Cahoot with accused C.E.O. Why would someone do all this with blanket charter and with such an alarming degree of impunity unless it serves his interest?
Further, leave alone stitching together the observations made in inquiry report of Joint Director aforesaid and then widening investigation, investigating officer did not even choose to record the statement of aforesaid Joint Director and cite him as material witness in the case. This indifferent response to the inquiry report inculpating accused and four other culprits as mentioned therein over whelmingly, for investigating officer then to close investigation on purported assumption that accused C.E.O worked as a “weak administrator” is wholly ironic to say the least. Circumstances summed up in the closure report therefore palpably demonstrate a baffling insistence by investigating officer to cover the case and some how shield/protect the culprits.
Court observed that inexplicably, the characters who have been found to be suspects in alleged transfer racket by inquiry report of Joint Director aforesaid, Investigating officer – for reasons best known to him, choose to record their statements under section 161 of Cr.PC as witnesses. This is whimsical to say the least. The investigation which began so feverishly, subsequently seems to have been toppled on preposterous assumptions of investigating officer as reflected in the closure report. For an investigating officer to harbor an illusion that alleged beneficiaries would furnish incriminating stuff against them is also profusely flawed. Again, failure on the part of investigating officer therefore to fix the characters involved in the network of aforesaid transfer racket in light of circumstances discussed above- Perse defies all logic. For all what is said herein above, investigation conducted and conclusion arrived at by investigating officer is perverse, absolutely ill-logical , demonstrably unusual, not in consonance with- law and palpably driven by an instinct to shield culprits involved in the racket. Investigating officer also refers to some external pressure on the accused CEO but failed to un-ravel the same alongside other key aspects which ought to have attracted his keen focus. Therefore, acceptance of instant closure report is declined and same is returned to investigating agency for ” further investigation” in accordance with law with the direction to Director Anti-corruption Bureau J&K to cause the FIR in question further investigated in consonance with law and observation made here-in-above.