Excelsior Correspondent
JAMMU, Aug 28: Additional Anti Corruption Judge, Jammu OP Bhagat has discharged the then Ex- Vice Chancellor SKUAST and others in the alleged corruption case registered by Anti-Corruption Bureau (ACB).
According to prosecution, the then Vice Chancellor, SKUAST Jammu appointed Sanjay Sharma as PRO (Public Relations Officer ) in violation of all norms and rules without publishing the advertisement in the leading newspapers.
During the course of verification, it emerged that Sanjay Sharma was initially engaged as Computer Programmer in SKUAST Jammu on adhoc basis in the year 2000 and then as PRO to Vice Chancellor on problem basis and was confirmed in the year 2000. In order to bestow illegal benefit upon Sanjay Sharma, the officials of SKUAST twisted and distorted the rules and without competence and power created a non – existent post of Deputy Registrar Secrecy.
As per the alleged charges against the accused persons a criminal conspiracy was hatched between Sanjay Sharma, Vice Chancellor SKUAST and then Assistant Registrar SKUAST A K Koul. Moreover, the allegation leveled was that there was no proposal or sanction of competent authority thereby indicating that the appointment was illegal.
After hearing arguments of the prosecution and Advocate S K Bhat for accused Hashmatullah Khan, Vice Chancellor SKUAST, Nagendra Sharma and Vijay Soi along with the other counsels for the rest of the accused, the court observed, “the perusal of charge-sheet and material collected during investigation reveals that there are absolutely no grounds for presuming not to speak of even suspicion about the accused having committed offence under Prevention of Corruption Act”.
Moreover, the court also made it clear that the principal issue before the court is whether the chargesheet filed by the investigating officer is in accordance with the provisions of the CrPC as laid down under Section 173 (8).
It is pertinent to mention that the investigating officer was directed by the court to further investigate the matter and the IO had observed earlier that the allegations leveled have not been substantiated within the view of PC Act as such the investigation of the case be closed as not proved.
The IO did not come across any fresh evidence during further investigation as such no prima facie case could be established against the accused persons. Therefore, the court observed that neither the further investigation is proper and in accordance with law nor the charge sheet is sustainable in the eyes of law.
“So far as the appointment of Sanjay Sharma is concerned, it was not established by the prosecution that it was an illegal appointment and there was no allegation that he had produced a fake certificate at the time of his adhoc appointment”, the court said, adding “in the entire chargesheet, there are no allegations of any kind , whatsoever, of any demand, acceptance or giving of any bribe by anybody to anyone”.
“Accordingly, there seems no legal bias in the appointment of the accused Sanjay Sharma to the post of PRO beyond the powers and competence of the Vice Chancellor and the other accused involved therein as such no criminal conspiracy can be attributed to all the accused persons in the alleged commission of the offenses by ACB”, the court said, adding “accordingly, accused present in the court are discharged and challan is dismissed”.
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