Misappropriation of Rs 500 crores of Saubhagya Scheme; Court rejects closure report, directs further investigation

STATE TIMES NEWS

JAMMU: In a closure report filed by the Anticorruption Bureau regarding allegations of double drawal and misappropriation of funds by the Executing Agency of the Saubhagya Scheme – the Jammu & Kashmir Power Development Department, (JKPDD) (now JKPDCL), in the course of its execution in the year 2018, in the erstwhile State of Jammu & Kashmir.
Special Judge Anticorruption Jammu Tahir Khurshid Raina rejects the instant closure report which has exonerated the concerned public servants, involved in the execution of Saubhagya Scheme in Jammu province, from any criminal liability and only recommended Departmental Action (DA) against them to the Government for committing some low profile violations of the guidelines and directed for further investigation.
Special Judge Anticorruption Jammu Tahir Khurshid Raina after gone through the closure report, observed that it was legally and ethically enjoined upon the IO to have taken note of these complaints during the course of investigation as the complaints were part of the record and the investigation in the case was with regard to misappropriation of the public money involved in the “Saubhagya”. Therefore, IO ought to have summoned the said complainants and recorded their statements U/Sec 161, Cr.P.C or got their statements recorded u/sec 164-A, Cr.P.C and should have drawn his satisfaction, based on the investigation in this regard. However, IO, for the reasons best known to him, remained conveniently blind to these complaints on record and ignored the same.
Court further observed that while these complaints, which are part of the record remained un-noticed to the IO of the case, but on the other hand a complaint sent by a political leader, forwarded by the DO letter of the Advisor to the Governor, and sent to ACB against the investigation being done, alleged to have caused harassment to the PDD Engineers, who have executed the Saubhagya Scheme successfully, was given an extraordinary weight by the ACB that it got circulated among all the IOs of the case and the SSsP, ACB, of all the Wings of Jammu province, for according due consideration.
Court further observed that this is how the IO of the case came to the conclusion that if some violations had taken place, they were just low profile violations of the guidelines for which he finally recommended Departmental Action (DA) against the officers/officials of the PDD and this is how the investigation in the alleged fraud of huge public money coupled with criminality on the face of the record was culminated into the instant Closure Report.
Court further observed that the execution of the “Saubhagya Scheme” prima-facie seems to have not been carried out as envisioned, desired and designed by the Government of India (GOI). All the mandatory SOPs, as envisaged in the Saubhagya schemes and in various Circulars, issued from time to time by the Government of Jammu and Kashmir, prima-facie seem to have been observed, by all the relevant authorities, more in breach than in compliance. The Executing Agency (JKPDCL), the Project Monitoring Agency (PMA), and even the Government seem to be on same page so far as the shabby and illegal execution of Saubhagya scheme on ground is concerned. Rodic and the PDD officers and officials, through their criminal conspiracy, fabricated false evidence by way of creating Utility Certificates and bills, endorsed by the Rodics without its requisite authentication as per the actual work executed on the ground at the relevant time as was mandatorily required. These bills were uploaded and sustained on the PFMS portal, leading to the release of payments in favour of the beneficiaries. Such an illegal action could only have been orchestrated successfully if all these entities-Rodic, Executing Agency, and the Government were in collusion on account of some illegal considerations, which amounts to criminal misconduct under the PC, Act, 2006.
Therefore, in the light of glaring incriminating facts on the record, all the said Agencies are criminally liable for commission of offences like misappropriation of public money, creating and using of false evidence and criminal conspiracy read with the offence of criminal misconduct as defined under the Prevention of Corruption Act, 2006, Court said.
With these observations, Court rejects the instant closure report which has exonerated the concerned public servants, involved in the execution of Saubhagya Scheme in Jammu province, from any criminal liability and only recommended Departmental Action (DA) against them to the Government for committing some low profile violations of the guidelines. Court further said that let this message go to such Investigating Agencies which want to treat the court as the dumping ground of their sham and motivated investigations, to simply get a seal of endorsement on them, that though there is a symbolic band on the eyes of goddess of justice, but judge sitting in the court is not blind. He will see the material placed on record with open eyes and judicial mind to reach to his own conclusions.
Court further observed that though, this court is well within its powers even to take cognizance of the offences seem to have been committed by the accused and proceed against them, based on the instant closure report filed by the ACB. However, on account of lack of some technical evidence on record, which the IO has conveniently not collected, this court just defers the cognizance and directs the Investigating Agency to place the following evidence on record by virtue of further investigation, to be done in the case as mandated U/Sec 156 (3) r/w Sec 173/8 Cr.P.C, enabling this court to proceed against the accused on account of their criminality on record. The steps to be taken by the ACB during further investigation in this regard are Collect the specimen/admitted signatures of all the officers/officials of the JKPDD who have signed on the Utility Certificates and send it to FSL for the expert opinion and FSL is further directed to do the needful with all promptitude, Enlist all the concerned who have created and used these documents at all levels and got released the payments. Their full details be collected and placed on record with their specific roles they played, Collect the details of all the bills authenticated by the Rodic by attaching said UCs for payments based on the said bills. Also get the details of the representatives of the Rodic who have signed on such bills. Their specimen signatures be taken and sent to FSL for expert opinion. Also collect the details of bills which were not certified by the PMA and the payment made. The statements of all the complainants be recorded under section 161 Cr.P.C and be placed on record. Also, if possible, investigate in context of their allegations. To investigate as to who were the people engaged by the Rodic in the field who monitored the execution, and record their statements in context of working of PMA and the Executing Agency on the ground. Record the statements of all the Engineers who remained associated with the ACB and are signatory to the reports on record. Also record the statements of the staff which was accompanying them during the spot visits of various Electric Divisions. Record the statements of the officials who were Incharge of the stores where the excess material were found lying and also of those who were associated in the execution of the scheme on ground. ) Record the statements of said witnesses who will state about the process of tendering, quality of material procured and their utilization on the spot. Deliver a questionnaire to the concerned authorities of the Administrative Department of JKPDD who were posted there at the relevant time to know from them as to why they failed to check the violations/misappropriation at the very first instance and allowed to sustain them which has severely affected the execution of scheme on the ground and caused loss to the public money. That why the concerned authorities took the U-turn and did not take action as contemplated in the Government order dated 25-04-2019, against the executing authorities, responsible for lying of excess/unutilized material of huge cost in the store and sites and created false Utility Certificates for sustaining their claims. Why they started the scheme so late in the State as compared to other States and closed the same on 31st of March, 2019, when lot of excess and unutilized material was lying in the stores and sites in various Electric Divisions of the Jammu province. More so when the scheme was still in execution, material was lying unutilized, then on what basis they submitted their claim before the Government of India that the Saubhagya Scheme has achieved its target of 100% electrification upto the last mile of the State of Jammu and Kashmir. Whether the Administrative Department got any documentary evidence in this regard from Executing Agency and PMA before submitting any such claim to the Government of India. If yes, who were the officers who were signatory to such certificates of successful completion of the scheme and based thereon they have set their claim before the GOI and got the first prize. If there is any such evidence, the same be seized through a seizure memo. Why the Government did not take Departmental Action against the errant officers/officials of the JKPDD as recommended by the IO of the case in the instant closure report. All these questions are just illustrative and not exhaustive in nature and IO is at liberty to frame any other question/questions to be put to said authorities who were then at the helm of affairs, as required for the fair investigation to be done. The role of all such officers at the administrative level be investigated and placed on record, along with the conclusions drawn of the same.
Court further observed that last but not the least, to address with all seriousness, the completely un-addressed allegation of double drawal in the earlier investigation which will also expose the execution of any work done under Saubhagya on the ground as per the DPR. Let it be done ‘not’ on the house to house basis, which will be a time taking exercise, rather on randomly basis, a sudden and surprise check of few areas of different Electric divisions of Jammu province, just to draw a fair conclusion as to whether Saubhagya Scheme was really executed on ground and to which extent the allegations of the double drawal sustains. Besides, the investigating agency will be at liberty to address all such issues which will help the court to navigate successfully in the quest of justice to prevail to its fullest in the case.
Court further ordered that let the further investigation, as directed, be conducted through a Special Investigation Team (SIT), to be headed by an officer of an impeccable integrity, of the level of an SSP. The SIT, constituted by the Director ACB J&K, forthwith and copy of the order regarding constitution of the SIT be submitted to the court instantly. Let the copy of this order be served to the Director ACB, J&K, for compliance, through APP of this court. The further investigation be completed within a period of two months. During the course of further investigation, SIT shall be at liberty to take any document from the record of the case already submitted by the ACB in this court on laying a special motion in this regard, Court said.
Court further ordered that the status reports of the further investigation be filed before the court on fortnightly basis.