Excelsior Correspondent
JAMMU, July 8: In a much publicized case of alleged transfer industry in which Anti Corruption Bureau had registered a case against then I/C Chief Education Officer and recently filed closure report, Additional Sessions Judge Anti-Corruption Doda Amarjeet Singh Langeh today returned the closure report with the direction to Director ACB for further investigation.
The case FIR number 36/2017 for offences under Sections 5(1)(d) r/w 5(2 ) of PC Act 2006 and Section 120-B of RPC was registered following a complaint by then Director School Education Ravinder Singh and subsequent investigation, during which it came to fore that Ajit Kumar Sharma who remained posted as Incharge CEO Kishtwar from 12.06.17 to 09.09.17; transferred 135 employees during this period in violation of Rules and Regulations. During the course of investigation, it also surfaced that an inquiry was also conducted by Joint Director of Education Doda/Kishtwar/Ramban Range, which found that these transfer orders were not justified.
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 the court.
Additional Sessions Judge Anticorruption Doda Amarjeet Singh Langeh after going 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 the 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, the accused CEO transferred/attached employees in violation of Rules and Regulations. Not only that, Govt inquiry conducted by Joint Director of Education Doda/Kishtwar/Ramban Range, found that transfer orders issued by the accused CEO were without reason and mid-term deployments were not justified. Why would someone do all this with blanket charter and with such an alarming degree of impunity unless it serves his interest?” questioned the Judge.
The court further observed that the Investigating Officer did not even choose to record the statement of the Joint Director and cite him as material witness in the case. “Close investigation on purported assumption that accused CEO 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 somehow shield/protect the culprits,” court added.
“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. 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 ACB J&K to cause the FIR in question further investigated in consonance with law and observation made hereinabove,” ruled the court.
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