Threads to be picked up from regular enquiry ordered in 2012
Mohinder Verma
JAMMU, July 29: With Supreme Court explicitly stating that Jammu and Kashmir State Accountability Commission (SAC) enjoys the suo-moto powers to take action against the public functionaries, the proceedings against former Minister for Cooperatives Dr Manohar Lal Sharma and others in the much publicized case of embezzlements worth several crores of rupees and illegal appointments will be revived by the Commission in the next couple of days.
The SAC vide order dated May 11, 2012 had ordered regular enquiry against Dr Manohar Lal Sharma, the then Minister for Cooperatives and several officers of the Cooperative Department, J&K Cooperative Housing Corporation and Cooperative Banks after prima-facie case of gross irregularities was made out against them.
However, the then Minister challenged the proceedings of the Accountability Commission before the High Court on the ground that the complainants had concealed their identity in the complaint before the Commission but the latter initiated regular enquiry by exercising suo-moto powers, which the Commission otherwise doesn’t enjoy under the J&K State Accountability Commission Act.
Justice Hasnain Massodi (now retired) had, in a detailed order, held that the Accountability Commission doesn’t have the suo-moto powers to take action against the public functionaries. Due to this, proceedings against the then Cooperatives Minister and others initiated by the SAC got stalled. However, the Commission challenged the judgment of the Single Judge before the Division Bench of the High Court.
After lengthy arguments, the Division Bench comprising Justice Muzaffar Hussain Attar and Justice B S Walia vide judgment dated February 1, 2016 restored the suo-moto powers upon the SAC while reversing the judgment of Writ Court.
“Mere apprehension about abuse of provisions of SAC Act 2002 by sending anonymous/pseudonymous complaints or initiating proceedings on the basis of press reports cannot be a ground to deny power of initiation of suo-moto proceedings to SAC”, the DB had mentioned in the detailed order, adding “Chairperson/ Members of Commission are those persons, who have held highest Constitutional posts and in their appointment confidence has been reposed in them by Constitutional authorities of the State particularly Governor”.
Thereafter, Dr Manohar Lal Sharma challenged the judgment of Division Bench before the Supreme Court but a bench of the Apex Court few days ago brushed aside the challenge to suo-moto powers and upheld the judgment of DB of J&K High Court.
“The Accountability Commission is waiting for the formal copy of the judgment of Apex Court following which proceedings against the former Minister and others will be revived from where it was left in 2012”, sources in the Commission told EXCELSIOR, adding “Dr Manohar Lal Sharma, who had submitted before the Supreme Court that Commission had entertained a defective complaint against him, will have to approach SAC afresh for consideration of this plea”.
In the complaint before the Accountability Commission, it was alleged that the then Minister for Cooperatives got an enquiry conducted in respect of J&K Cooperative Housing Corporation, which revealed that bungling/embezzlements worth crores of rupees were committed by the then Managing Directors Brij Bhushan Sharma and Bharat Bushan Sharma. It was also alleged that these Managing Directors along with Mohammad Shafi Dar, Assistant Registrar Cooperative Department had misappropriated crores of rupees but no action was taken against them by the Minister concerned due to the fact that the Minister himself obtained bribe and a plot from the Managing Director of the Corporation.
It was also alleged in the complaint that Mohammad Shafi Dar, who was under suspension for five years due to his involvement in the embezzlements was reinstated by the Registrar Cooperative Department at the behest of the then Minister Dr Manohar Lal Sharma. It was further alleged that there was misappropriation of Rs 259 crore in the Jammu Central Cooperative Bank Ltd and large number of illegal appointments were made in the bank at the behest of the then Minister and officers.
According to the complaint pending before SAC, Dr Manohar Lal Sharma had also made illegal/back door appointments of his voters from Billawar tehsil in the State Cooperative Bank Srinagar which doesn’t fall in the area of operation of the bank. It was also alleged that even Central Cooperative Banks of Anantnag and Baramulla were ‘looted’ at the behest of the then Minister and officers by indulging into many illegal activities.
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