3 FIRs regarding misappropriation, disproportionate assets
Excelsior Correspondent
JAMMU, Feb 16: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Rajesh Sekhri has expressed serious concern over the investigation in the FIRs regarding disproportionate assets of Pranab Gandotra, the then Incharge TSO CA&PD Rajouri and Kalakote and misappropriation of kerosene oil by Mohammad Ashraf and Pranav Gandotra, the then TSOs Kalakote registered by Vigilance Organization (now ACB).
“It seems that the investigation agency has not done anything in these matters despite lapse of considerable time which raises a serious question about the fairness and capability of the investigation agency”, the DB said, adding “the court cannot be a mute spectator to the illegalities and nefarious designs of the investigation agency”.
Accordingly, DB directed that the investigation of the case in all the three FIRs along with the whole record be forthwith handed over to the Crime Branch of J&K Police, which shall complete the investigation within a period of three months from the date of receipt of this order.
This significant order has been passed in a petition filed by UT seeking quashment of judgment/order dated 01.04.2021 passed in OA No.809/2020 by the Central Administrative Tribunal (CAT), Jammu, whereby the CAT directed for reinstatement of respondent-Pranav Gandotra.
FIR No.21 of 2018 came to be registered against Pranav Gandotra while he was working as a Tehsil Supply Officer (TSO) in the Department of Food, Civil Supplies & Consumer Affairs Department for the offence of misappropriation of funds of the department. He came to be suspended on 23.07.2018. However, respondent-Pranav Gandotra joined his duties on the strength of interim order dated 14.11.2018 passed by this court in SWP No.2216/2018.
After joining his duties, again FIR No.35 of 2018 came to be registered against him on the ground of holding properties disproportionate to the known source of his income. Thereafter, third FIR bearing No.05 of 2019 came to be registered for diverting the supply of kerosene oil. Respondent-Pranav Gandotra was again placed under suspension on 01.11.2019.
Pranav Gandotra challenged the order of suspension before the Tribunal, which vide judgment/order dated 01.04.2021 passed in OA No.809/2020 directed for his reinstatement. Hence, the present petition on behalf of UT of J&K.
“Although the charges against respondent-Pranav Gandotra are very serious in nature, yet, a perusal of the instant petition reveals that the same has been filed without any substance and in a very casual manner without explaining what steps they have taken towards investigating the matter against respondent Pravan Gandotra since July, 2018 when first FIR came to be registered against him on the allegation of misappropriation of funds; whether any departmental proceedings have been initiated against him; if yes, what were the outcomes and whether any charge sheet has been filed in the court dealing with the matter in FIR No.21/2018 or in rest of the two FIRs registered in the years 2018 and 2019”, the DB said.
“The petitioners have failed to place any material on record or explain anything in the petition as to why the judgment/order impugned ought to be set aside/quashed. Without any concrete reasoning or basis, the instant petition is just wastage of court time, wastage of public money and nothing else”, the DB said, adding “it seems they have no will to destroy the edifice of corruption which is looming large and the common man is suffering a lot”.
“We do not find any ground to interfere with the judgment/order of Tribunal. This petition is, accordingly, dismissed thereby upholding the judgment of Tribunal. Connected CMs, accordingly, stand disposed of”, the DB directed.
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