Excelsior Correspondent
JAMMU, June 4: Special Judge Anticorruption Jammu YP Bourney has awarded one year imprisonment to former Vice-Chancellor and Registrar of Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) Jammu in the much-publicised appointments scam.
Those convicted and awarded sentence are Dr Nagendra Sharma, a resident of Bareilly in Uttar Pradesh, the then Vice Chancellor SKUAST- Jammu and Ashok Kumar Koul, a resident of Batpora, Kashmir, the then Registrar SKUAST- Jammu.
However, the court acquitted Iqbal Singh, the then Estates Officer SKUAST-J, Vijay Kumar Soi, the then Comptroller SKUAST-J, Vishal Tandon, Vinayak Vikram, Narinder Kumar Raina and Ankur Sharma besides two more beneficiaries.
According to Vigilance Organization (now Anti-Corruption Bureau) case, Dr Nagendra Sharma during the period of his posting from 2005 to 2008 hatched a criminal conspiracy with other accused namely Ashok Kumar Koul in furtherance to which Vishal Tandon, Vinayak Vikram, Narinder Kumar Raina and Ankur Sharma besides two more beneficiaries were regularized/ appointed on different posts in the University illegally and dishonestly without following the prescribed rules/procedure that too against non-existent posts or in excess of vacancies.
After hearing CPO Rajesh Bakshi for the Anticorruption Bureau whereas battery of lawyers for the accused persons, the Special Judge Anticorruption observed, “employment is a huge problem before the country as a whole and Government as an employer has to be a role model besides adhering to the rules and regulations for appointment to a particular office”.
“Any deviation howsoever trivial has serious consequences upon the health and progress of the society as diverse like ours as it affects the disadvantaged classes the most which Government is supposed to protect under solemn oath to the Constitution. Therefore, such infractions of law which negate the merit, transparency and fairness in the appointments to public offices are to be viewed seriously having the potential to destroy the faith of the subjects in the Government and its bodies”, the court further observed.
“At the same time, it cannot be lost sight of that employment to Government service is the most sought after which gives ample opportunities to the selectors to make hay for making innovations and inventing new modes to dodge the process of law. Corruption is a white collar crime which is conceived, concerted and executed in utter secrecy by taking every step to avoid detection and both giver and taker are beneficiaries in their own ways and hence it is extremely difficult nay impossible to get a slightest clue”, the court said.
In the instant case also the express rules of procedure have been thrown to winds consciously by the accused officers despite having full knowledge and have adopted a pick and choose policy and then gone further to regularize the services of the beneficiaries in what could be regarded as the most colorable exercise of the powers vested in them, the court said.
“It is thus clearly established from the evidence on record that accused Nagendra Sharma and Ashok Kumar Koul abused their official positions by adopting illegal means to confer illegal benefits upon the accused beneficiaries”, the court further said, adding “the sanction for prosecution of accused Iqbal Singh has not been granted by the competent authority to remove him so the proceedings/trial against him is non est in the eyes of law. However, the prosecuting agency is at liberty to launch proceedings against him and others whose sanction was also declined by the same authority after obtaining proper sanction and this acquittal shall not be coming in their way”.
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