Excelsior Correspondent
JAMMU, Aug 7: Special Judge Anticorruption Rajouri-Poonch Mehmood Chowdhary has discharged Noor Alam, the then Assistant Commissioner Development (ACD) Rajouri and 72 others in alleged illegal appointments case.
“The Investigating Officer has concluded in final report produced before this court that the Government has disengaged all the supported staff who have been appointed illegally without following the circular issued by the Rural Development Department, in all the districts J&K”, the Special Judge said, adding “so same is the case in the district Rajouri”
“It is astonishing that no FIR has been made in any of the districts except the Rajouri and that too only against Noor Alam for misuse of his official position”, the Special Judge said, adding “as per the definitions of wrongfully loss and wrongfully gain, it has come into the fore that the action of the accused persons amounts to procedural lapse rather than the abuse of process of official position”.
“In the investigation, the element of illegal gratification has not been established against the accused. The act of the accused engaging the supporting staff in MGNREGA scheme is not in the interest of any individual and it is the interest of the public at large that the supporting staff required to be engaged in the MGNREGA scheme for running in the Rural Development Department. The supporting staff had actually worked in the department and the department has paid remuneration against the work”, the court said.
“Not a single witness has deposed anything about some illegal or corrupt practice, dishonest intention, demand or acceptance of illegal gratification by the accused. None of the witnesses talks about any conspiracy or payment of any illegal gratification”, the court said, adding “the amount which is shown as loss to the State Exchequer is admittedly the salary which the accused have received during their engagement for the work done by them and under no circumstances the salary component can be taken a illegal pecuniary benefit as held by Supreme Court and Kerala High Court”.
“I am of the considered opinion that there is no material in the charge sheet and also on the statement of witnesses to suggest that the main accused by entering into conspiracy with other accused awarded undue benefit to them and conferred loss to the state exchequer”, the Special Judge said and discharged all the accused.
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