STATE TIMES NEWS
JAMMU: J&K Anti Corruption Bureau (ACB) on Friday presented charge sheet before the Court of Special Judge Anti-Corruption, Baramulla in illegal appointment of 82 persons in Municipal Committee Sumbal, Bandipora during year 2009-2010. “An information received by VOK (Now ACB J&K) about large scale bungling in Urban Local Bodies in Kashmir, wherein it was alleged that various fraud/illegal appointments have been made in various municipalities & that the officers/ officials of the department are minting huge bribes for these illegal appointments by using different tactics, on basis of this information a verification was initiated by then VOK (Now ACB),” ACB official said.
“Probe conducted in verification revealed that during the period 2009-2010 officers/officials of MC Sumbal, President and I/C Executive Officer MC Sumbal in league with accused beneficiaries by abuse of their official position and authority in gross violation and utter disregard to the standing Government order/rules without any competence made 82 illegal appointments of various persons to different posts on regular pay scale and their salary was drawn by Abdul Rashid Shah, Incharge Executive Officer who also attested service particulars of these 82 illegal appointees,” official said.
Verification conducted has revealed that these 82 accused beneficiaries were illegally & fraudulently appointed without following due process of law.
“Finally on culmination of verification FIR No 13-2015 under Section 5(1)(d) read with 5(2) of J&K PC Act Svt 2006 & section 120-B was registered at PS VOK (Now ACB Baramulla), against officers of MC Sumbal Bandipora and 82 illegal appointee and investigations were set into motion, which revealed that major violations of rules were committed by accused President MC Sumbal Ghulam Ahmad Wani and In-charge Executive Officer Municipal Committee Sumbal Abdul Rashid Shah while making these illegal appointments, as they were neither competent nor authorized under any Act/rule in vogue to make such appointments,” official said.
It was also found that the recruitment was made without any transparent recruitment process, without the issuance of any advertisements for wider circulation, majority of posts against which accused beneficiaries were appointed do not figure in the schedules given under the recruitment rules-2008.
Investigations conducted also revealed that majority of the appointments were illegally made on recommendations of the speaker Assembly, MLA Sonawari as well as Municipal council resolution, which again were not authorized forums as per rules to intervene in the recruitment process, beside this even the criteria & mode of recruitment were not at all adhered to by the accused public servants. Evidence of favoritism/nepotism in appointment process also surfaced during investigations.
It was also found that these illegal appointments were made against posts not figuring in the schedules of the rules in other cases the appointments were made against grades not mentioned/matched with grades cited in schedules and the appointments were made over and above sanctioned strength of the MC Sumbal which shows how brazenly the due process of law was violated by accused officers.
Investigations conducted further revealed that the Jammu & Kashmir Urban Local Body institution (Management) Service Recruitment Rules 2008 which defined procedure related to recruitment/service conditions in the ULB across Jammu & Kashmir were brazenly violated by accused persons , as per these rules none of the accused i.e President & Executive officer were competent or authorized to make appointments. It was also found that these appointments were made by following pick and choose policy to favour selected blue eyed candidates on recommendations of MLA, speaker and Municipal council resolution who were nowhere in scheme of things authorized to make such recommendations as per rules.
“The investigations conducted has established that these 82 illegal appointments were made by the then president and in-charge Executive officer MC Sumbal in league with the each other & the beneficiaries concerned in violation of rules/laws governing the subject by violating the provisions of Jammu and Kashmir Municipal Act 2000, the Jammu & Kashmir Urban Local Body institution (Management) Service Recruitment Rules 2008 and other government orders issued from time to time governing such appointments in municipal councils /committees as neither the Executive officer nor the president of Municipal council/committee were empowered to make any such appointments,” official said.
Accordingly, official added, the sanction for launching prosecution against in service Public Servant namely Abdul Rashid Shah, son of Noor-ud-Din Shah, resident of Papachan, Bandipora, the then I/C Executive Officer, Municipal Committee, Sumbal, was accorded by the Government, for commission of offences punishable under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, Samvat, 2006 and Sections 120-B, 201 RPC & accused Abdul Rashid Shah EO MC Sumbal was also prematurely retired from Govt service however was reinstated by High court order.
On culmination of investigations on June 5, 2025, official said, the chargesheet against accused persons namely, Gh Ahmad Wani alias Gulzar, the then President Municipal Committee Sumbal, son of Ab. Khaliq Wani, resident of Sumbal Main Bazar, Ab. Rashid Shah, (then I/C Executive Officer Municipal Committee Sumbal and 82 accused beneficiaries for commission of offences as defined under Section 5(1),(d) read with 5(2) of Jammu & Kashmir Prevention of Corruption Act, Samvat, 2006, and under Section 120-B, 201 RPC was presented before special Judge Anti-corruption court Baramulla for judicial determination.
