Excelsior Correspondent
JAMMU, July 28: In a petition filed by Dr Kousal Kumar former SSP VOJ, seeking quashement of the anonymous complaint of one Attar Singh S/o Ram Singh R/o Raipur Domana, Jammu as the same is violative of Circular No.29-GAD (Vig) of 2014 dated 31-07-2014 and the allegations levelled therein have already been enquired into and found baseless by the Deputy Commissioner, Jammu, SSP Jammu, SDM (North) Jammu, SSP (CID) SB Jammu and State Vigilance Commission.
Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Advocate Vikram Sharma appearing for the petitioner issued notice to Commissioner Survey & Land Records, Rajesh Sharvan Director Land Record and SDM North and directed them not to conduct any enquiry against the petitioner on a complaint filed by Attar Singh, till next date of hearing before the Bench.
According to the petition, petitioner is the Senior Superintendent of Police and during his posting in Vigilance Organization, a number of cases were registered against the revenue officers /officials. The name of respondent No.4 is also figuring in a matter under probe before Vigilance Organization Jammu. He wanted some undue favour from the petitioner which he declined to extend. The respondent No.4 also asked the petitioner to release the record seized in FIR No.18/2015 which he declined. Resultantly Rajesh Shavan the Director Land Record became inimical to the petitioner and threatened to teach him a lesson.
That the petitioner and his wife have purchased two kanals of land from one Pushpinder Singh and thereafter availed housing loan of Rs 33.50 lakh from the bank for raising the construction over the said plot. The respondent No 4 who is the Director Land Record unnecessarily started harassing the petitioner and poured in three anonymous complaints in the name of fictitious persons alleging therein that the petitioner has encroached over the Shamlat Deh land. The matter was enquired into by the office of His Excellency the Governor of Jammu and Kashmir through the Deputy Commissioner Jammu who has reported that the allegations levelled in the complaint are misplaced and baseless. The said report has been accepted by the Government. Even the matter was enquired into two other independent agencies i.e. SSP Jammu, SSP (CID) SB Jammu and State Vigilance Commission. Even the respondent No.5 has also enquired into the matter through its field agency and vide No.SDM/JN/R/2016-17/486 dated 11-06-2016 submitted the report to the S P Rural Jammu. All the aforesaid agencies including respondent No.5 have negated the allegations levelled in the complaints.
On failure to succeed in his nefarious design the respondent No.4 poured in a third anonymous complaint in the name of fictitious person namely Attar Singh and got the said complaint entrusted unto himself from the respondent No.3 and on June 22, 2016 directed the respondent No.5 to visit the spot and submit a fresh report within three days though the matter has already been enquired by independent agencies. The respondent No.5 under the influence of respondent No.4 despite having enquired the matter earlier has again put the petitioner to notice. The petitioner once again approached the Government for restraining the respondent No.4 to conduct any enquiry against the petitioner and the Government vide No. GAD (Vig)22-Comp/2016 dated 18-07-2016 has informed the respondent No 3 that the matter has already been enquired into by Deputy Commissioner, Jammu and allegations of illegal encroachment by petitioner have been found misplaced and baseless. The respondent No 5 despite the receipt of the said communication, was proceeding with enquiry just to appease the respondent No.4. Needless to mention here that as per Govt Circular No. 29-GAD (Vig) of 2014 dated 31-07-2014 no action is required to be taken on anonymous complaints regardless of nature of allegations contained therein.
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