STATE TIMES NEWS
JAMMU: Jammu & Kashmir and Ladakh High refused to quash FIR in alleged engagement/appointment of close relatives and others for extraneous and under-hand considerations by Abdul Qayoom Khan.
Justice Vinod Chatterji Koul, while dismissing a petition seeking quashment of FIR 16/2014 under Section 5(1)(d) read with 5(2) of PC Act and 120-B, 467, 468 and 471 of RPC, registered at Police Station VOK, observed that case in hand when examined on the touchstone of law laid down by the Supreme Court, does not at all persuade the Court to grant the relief prayed for by petitioner in the instant petition as it requires and demands full dress trial and examination of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, and proceedings emanating there from. As far as earning of judgement in SWP no.352/2012 c/w SWP no.354/2012, is concerned, the same would not be a ground to quash an FIR, more particularly when the judgement is already under challenge in an appeal, being LPA no.161/2020. In that view of matter, impugned FIR does not call for any interference qua petitioner and as a consequence of which, petition on hand is liable to be dismissed, the Court observed.
According to FIR, a verification conducted by Vigilance Organization Kashmir into allegations of engagement/appointment of close relatives and others for extraneous and under-hand considerations by Abdul Qayoom Khan revealed that officer as Managing Director, J&K State Forest Corporation has engaged twelve persons as Grading Attendants on casual basis vide Order No. 238 of 2010 dated 26.4.2010 and then regularised them as Class IV employees vide Order No.468 of 2010 dated 30.6.2010. Verification has revealed that filling of Class IV vacancies having experience in Khatamband manufacturing had not been advertised and the engagement/appointments have been made on pick and choose manner. No criteria whatsoever had been adopted for appointment except possession of experience in Khatamband manufacturing. The applicants have not produced even certificates like state subject, qualification, date of birth etc. Nothing has been found on record to suggest that the applicants were subjected to any experience test in Khatamband manufacturing as projected by the Divisional Manager Saw Mills vide letter no.41/DM/SM/SFC dated 17.04.2010 or any performance test as projected by him vide his letter No.237/DM/SFC dated 29.06.2010. It was further revealed that all the Grading Attendants were subsequently transferred to territorial Divisions of SFC by the aforementioned Managing Director questioning the objective of their appointment against sanctioned posts of Common Facility Centre at Saw Mill Division Shalteng Srinagar. During verification it was found that then Managing Director had sought approval of the Forest Minister (Chairman of SFC) vide his U.O.No.01/MD/SFC dated 17.04.2010 on the basis of misrepresentation of facts and false documents that the appointees were subjected to work experience test and were found possessing necessary experience in Khatamband manufacturing. It was also that the appointment of Grading Attendants had not been placed before the Board of Directors in its 61st Meeting held on 03.06.2009 wherein creation of ‘Khatamband Raw Material Bank’ and establishment of ‘Common Facility Centre’ have been discussed and approved. Verification has also revealed that one of the 12 Grading Attendants Farooq Ahmad Changa is the cousin of the then Managing Director Abdul Qayoom Khan and two more appointees namely Riyaz Ahmad Sheikh and Intikhab Ahmad Lala had been employees of the Unit M/s Zum Zum Cement Products registered in the name of sister-in-law of the said Managing Page 4 OWP no.1020/2015 Director. The above mentioned 12 Grading Attendants have been paid a total salary of Rs.23,08,728/- upto March, 2012. By acting in the aforesaid manner, Abdul Qayoom Khan, the then Managing Director State Forest Corporation and Ghulam Ahmad Mir, the then Divisional Manager Saw Mills Shalteng Srinagar and others have by abuse of their official position as public servants conferred undue pecuniary advantage upon 12 beneficiaries under a well-knit conspiracy.
