Excelsior Correspondent
JAMMU, Apr 1: In a Public Interest Litigation (PIL) regarding misappropriation of food grains worth crores of rupees, Division Bench of High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar today restrained 147 employees of the Consumer Affairs and Public Distribution (CAPD) Department from alienating properties or operating their bank accounts. The DB has also directed them to furnish details of movable and immovable assets.
After hearing Advocate S K Shukla as Court Counsel whereas Government Advocate Monish Chopra for the State, the DB observed, “this case discloses a sorry state of affairs with no mechanism of accountability in the Consumer Affairs and Public Distribution Department”.
“The issue came to the forefront when Single Judge dealt with a service matter and the facts divulged before the Single Judge persuaded us to hold that it would be in the public interest to find out the magnitude of the value of misappropriation of food grains in the State”, the DB said, adding it was prompted by communication dated September 9, 2013, which divulged shortfall of food grains worth more than Rs 48 lakh in far flung area of Dachhan that too in respect of a small period— April 2012 to March, 2013. The short fall was confined only to five depots, which, in our opinion, was a tip of the iceberg.
The DB directed officers/officials, who have been named in the list of 88 and 57 persons respectively not to alienate their properties or operate their bank accounts till further orders.
The DB further said, “in compliance of the directions of Court, a report has now been filed by the Deputy Secretary, CAPD Department, which discloses the names of 88 employees belonging to Kashmir Division who have misappropriated huge amounts. Likewise, in Jammu Division, the misappropriation has been made by 57 employees and both the lists have been placed on record”.
“Few examples from the list belonging to Kashmir Division would fortify the impression that there is a complete failure of machinery ensuring accountability of Government employees. At Item No. 18 in the list concerning Kashmir Division in respect of Marwah/Warwan, it has been mentioned that the officer Abdul Rashid Magray has misappropriated an amount of Rs 71,18,704.68 in the year 2003-04. He was dismissed from service but no recovery has been made”, the DB said, adding “likewise, in respect of Item No 20 pertaining to Inshan Godowns, one Ghulam Rasool Bhat has misappropriated a sum of Rs 43,85,593.28 in the year 2003-04 with no recovery. He has been continuing under suspension as the case is under investigation with Crime Branch Jammu under FIR No. 15/2004. Naturally, he would be earning full salary as 100% pension allowance”.
In another case figuring at Serial No. 59 in respect of Rambagh/Mehjoor Nagar/ Sammerbugh, the name of one Abdul Rashid Mir figures who has misappropriated a sum of Rs 60,50,687.71 in the year 2013-14 but no recovery has been effected and in respect of officer shown at Serial No. 67 in the area of Soura, namely, Ghulam Nabi Bhat, a sum of Rs 30,85,967.87 has been shown misappropriated by him in the year 2013-14 but without any recovery, the DB pointed out, adding the instances at Serial Nos. 70, 71 and 72 show that a sum of Rs 1,22,10,465.00 by each of the officers, namely Manzoor Ahmad Chat, Khurshid Ahmad Dar and Abdul Qayoom Dar has been misappropriated in the year 2013-14.
“There are myriad of examples. In each case such employees are either allowed to retire without any recovery or their enquiries are kept pending for years together, placing them under suspension and giving them 100% suspension allowances. In the same manner, in Jammu Division in respect of Kathua, one Arjun Singh has misappropriated a sum of Rs 5,69,770.55 in the year 2010. He has been retired prematurely but recovery of Rs 5,34,467.00 has been made”, the DB said.
“Likewise, in Doda District, one Isher Lal has misappropriated a sum of Rs 17,20,902.00 in the year 1998 but the matter is still under investigation by Vigilance Organization and no recovery has been made”, the DB observed.
These examples can be multiplied. One thing is clear that the Government has not been able to effectively seek accountability of these officers nor any recovery has been affected despite the fact that stringent provisions are available”, the DB said, adding “keeping in view the misappropriation of colossal amount of tax payers money, all these 88 officials belonging to Kashmir Division and 57 official belonging to Jammu Division are directed to furnish the details of their moveable and immoveable assets in their name, spouse, brother or children names, including the details of their bank accounts along with the details of the moveable and immoveable assets/bank accounts of their spouses and children”.
The DB directed the Secretary, CAPD Department to issue them notices, incorporating the direction given by this Court and present the data before this Court so that suitable measures are taken to seek accountability. “The Secretary shall publish the list of these officers/officials along with the Court order in news papers within one week and any of these officers/officials shall not be permitted to alienate their properties or operate their bank accounts till further orders”, the DB added.
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