Excelsior Correspondent
JAMMU, Dec 17: In a Public Interest Litigation (PIL) regarding misappropriation of food grains meant for public, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan sought report about recovery of money from the erring officials of CAPD Department, Kashmir within a week’s time.
When the PIL came-up for hearing, Division Bench observed, “in pursuance of earlier orders, compliance report has been filed. It has been highlighted that in Jammu Division, out of total amount of Rs 1,64,20,280, a sum of Rs 44,78,177 has been recovered. In respect of Kashmir Division, it has been stated concerned DDOs have taken up the matter with Deputy Commissioners (District Collectors) concerned for recovery of outstanding amount as arrears of land revenue and the status report was still awaited. Only one person namely Ghulam Mohd Shah (TSO) had remitted the outstanding amount of Rs 1,46,485”.
“A perusal of the status report would show that colossal recovery is likely to be affected from 88 defaulters in the Kashmir division. Names of the defaulters have been divulged with the status report filed on 28.05.2014. The efforts of recovery in Kashmir are slow and Monish Chopra, Government Advocate states that the report shall be filed within a week disclosing the latest amount of recovery effected from the defaulters”, the DB observed and directed that the report shall be filed within a week’s time.
About the application filed on behalf of one Mohd Afzal Malik making prayer that order dated 01.04.2014 passed by the Division Bench shall not be made applicable to him, the DB said, “the interest of the public exchequer needs to be protected. It is true that the recovery notices issued to the applicant have been quashed but CAPD Department has been asked to conduct a fresh enquiry”.
“Even LPA is pending in Srinagar wing of this court. It has also come on record that the applicant had deposited a sum of Rs Rs.32,46,692 and there was still outstanding amount of Rs 39,34,489. It is true that the judgment rendered by the writ court is subject matter of appeal which is yet to be disposed of, that itself would not mean that in a Public Interest Litigation, omnibus directions could not be issued to protect the interest of public exchequer in the form of restraining all the defaulters like the applicant to alienate their property and to operate their bank accounts”, the DB said.
With these observations, Division Bench dismissed the application with the observations that the order dated 01.04.2014 shall continue to apply to the applicant so that the tax payer money remains intact. The DB requested the Letters Patent Bench at Srinagar to expedite the hearing.
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