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Court awards 2 years imprisonment to then CEO, four others in Microscope Purchase Scam

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STATE TIMES NEWS

JAMMU: Special Judge Anticorruption Jammu Haq Nawaz Zargar on Saturday after 20 years investigation and trial awarded two years imprisonment to Jatinder Kumar Gupta, the then Account Officer, Directorate of School Education, Jammu, Balwan Singh, the then Lecturer, SIE, Rameshwar Sharma the then Lecturer Geology, Govt. HSS Samba, Balbir Singh Jamwal then CEO Udhampur and Jaswinder Singh Manocha in much publicized microscope purchase scam.
As per brief facts of the case the during the year 2004-2005 Education Department Jammu purchased substandard laboratory equipments including Microscopes for examining properties of minerals on highly exorbitant rates. Accordingly JSC was conducted so revealed that in response to the tender notice issued no August 25, 2004 Divisional Level Purchase Committee of Education Dept Jammu, M/s Cosmo Politan Traders Vir-Marg Jammu offered quotations for supply of Microscopes @ Rs 1800 per item print price/bills of Rs 650.
“Jatinder Kumar Gupta the then Accounts Officer, Directorate of School Education Jammu (Member Secretary), Balwan Singh Lecturer SIE Jammu as Expert while Rameshwar Sharma then Lecturer Geology Govt Higher Secondary School Samba being an expert member has also facilitated the approval of rate and purchase of sub-standard dissection microscopes.
Having succeeded in getting the rates approved with active connivance of experts suppliers S Jasvinder Singh Manocha Prop of M/s Cosmo Politan Traders Vir-Marg Jammu reported M/S Prem Parkash Verma then CEO Kathua (Now Expired), Balbir Singh Jamwal the then CEO Udhampur and Thakur Dass Sharma the then CEO Poonch in criminal conspiracy by abuse of their official positions with ulterior motive of extracting maximum undue benefit out of the deal have purchased microscopes on highly exorbitant rates much over and above the actual requirement and purchases thus effected have put the state exchequer to the loss of Rs 3.45 lakh.
The act of omission and commission on the part of accused public servants and accused suppliers constituted offences u/s 5(1) (d) r/w 5(2) PC Act 2006 BK and section 120-B RPC and after completion of the investigation challan was presented against the persons.
Special Judge Anticorruption Jammu after hearing APP M.A Almansoor for the UT, observed that the acts of omission and commission by the convicts had deprived the innocent students of these Government Schools from the schemes provided by the Government, but for the sinister designs of such like white collar criminals, actual and appropriate items/products does not reach to the deserving person. Of course, punishment if not in this case and not to these convicts , than to whom. Let a message goes to such like minded public servant and private person that they should be careful while handling the office work without any culpability in mind otherwise the courts don’t hesitate to pass appropriate orders in the given situations.
Court ordered the convict number 01 namely Jatinder Kumar Gupta, son of Shiv Dutt Gupta, resident of H. No. 94, Kachi Chawni Jammu is sentenced to undergo Simple imprisonment for a period of two years for the offence u/sec 5 (1) (d) r/w 5 (2) of PC Act. He shall further undergo simple imprisonment of 01 year for offence u/sec 120-B RPC and both the sentences shall run concurrently. He is further sentenced to a fine of Rs 25,000/- and in case of default of payment of fine, he shall further undergo imprisonment for a term of 03 months.
The convict number 02 namely Rameshwar Kumar Sharma S/o Mani Ram R/o H. No. 440-A Gandhi Nagar, Jammu is sentenced to undergo simple imprisonment for a period of 02 years for the offence u/sec 5 (1) (d) r/w 5 (2) of PC Act. He shall further undergo simple imprisonment of 01 year for offence u/sec 120-B RPC and both the sentences shall run concurrently. He is further sentenced to a fine of Rs 25,000/- and in case of default of payment of fine, he shall further undergo imprisonment for a term of 03 months.
The convict number 03 namely Balwan Singh, son of Atma Singh, resident of H.No. 614 Subash Nagar Extension-2, Jammu is sentenced to undergo simple imprisonment for a period of 02 years for the offence u/sec 5 (1) (d) r/w 5 (2) of PC Act. He shall further undergo simple imprisonment of 01 year for offence under section 120-B RPC and both the sentences shall run concurrently. He is further sentenced to a fine of Rs 25,000/- and in case of default of payment of fine, he shall further undergo imprisonment for a term of 03 months. The convict number 06 namely Balbir Singh Jamwal son of Sahab Singh, resident of Jammu is sentenced to undergo simple imprisonment for a period of 02 years for the offence u/sec 5 (1) (d) r/w 5 (2) of PC Act. He shall further undergo simple imprisonment of 01 year for offence u/sec 120-B RPC and both the sentences shall run concurrently. He is further sentenced to a fine of Rs 25,000/- and in case of default of payment of fine, he shall further undergo imprisonment for a term of 03 months.
The convict number 07 namely S. Jaswinder Singh Manocha s/o Sh. R. S Manocha R/o 156-A/D Gandhi Nagar, Jammu is sentenced to undergo simple imprisonment for a period of 02 years for the offence u/sec 5 (1) (d) r/w 5 (2) of PC Act. He shall further undergo simple imprisonment of 01 year for offence u/sec 120-B RPC and both the sentences shall run concurrently. He is further sentenced to a fine of Rs 100,000/- and in case of default of payment of fine, he shall further undergo imprisonment for a term of 03 months.
Before passing away, Special Judge Anticorruption Jammu Haq Nawaz Zargar feels it my bounden duty to place on record that corruption in any form is not tolerable and to unearth it special skills are required by the Investigating Agency. When such offence is committed, it is not the ordinary crime that has been committed where direct or circumstantial evidence is available. Special skills are required to reach to the bottom of the crime, ofcourse Investigating Agencies are full of committed and sincere officers but what I feel is the special skill that needs to be developed. Otherwise the special Agency of Anti-Corruption Bureau continues to do the same set of exercise which normal policing does. There should be free, fair and comprehensive investigation touching every basic aspect of the case to lay the foundation for a just trial before the court. The Investigating Agency shall keep in mind that the corruption at higher level is done in such a clandestine and skilful manner so as to get eluded from the eyes and mind of the police officers. I personally feel that these white collar criminals keep everything under the veil in a camoflouged manner that the untrained and less skilled policemen can never detect the actual crime. Therefore, it is high time that a dedicated and skilful team of officers be made part of the Anti-Corruption Bureau so that neither the small corruption nor the corruption at high places gets unattended, unnoticed and undetected. Let the head of Anti Corruption agency take a positive call, the sooner the better.
Going by the supplementary Charge Sheet, at the end, it had been mentioned in it that since the members of the Department level purchase Committee had signed the minutes of the meeting dated 09.02.2005, in which nomenclature of the microscope ” single nose piece small size” was indicated, as such departmental inquiry was recommended against all the members of the DLPC. Astonishingly, till date , it has not been apprised to this court after about 13 years whether the departmental enquiry had been initiated against the members of DLPC or not who had signed the minutes of meeting dated 09-02-2005 if any and what was its fate. In case the enquiry had been initiated and completed, let the fate of same be shared with this court. In case the departmental enquiry has not been initiated till date against all the members of DLPC, let the Administrative Secretary School Education Department, Government of Jammu and Kashmir shall complete the enquiry at the earliest preferably within two months from the date of receipt of this order and share the fate of the enquiry report with this court, so that the faith of general public remains intact with the institutions. The report shared shall be made part of this file.

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