Excelsior Correspondent
SRINAGAR, May 5: The High Court today observed that police can seize the suspected stolen property during investigation and declined to defreeze the accounts of officials of Jammu and Kashmir Project Construction Corporation (JKPCC) involved in irregularities of awarding contracts to blue eyed persons.
The High Court has declined to defreeze the accounts of various officials of JKPCC with the liberty to approach the investigating agency for defreezing their accounts in accordance with law.
The aggrieved persons challenged the order of trial court whereby their plea of defreezing of their bank accounts was declined by the Special Judge Anti-Corruption Court Srinagar. Brief facts of the case is that petitioners Kaiser Ahmad Sheikh and Bashir Ahmad War along with others were the employees of Jammu and Kashmir Projects Construction Corporation (JKPCC). Petitioner Ishrat Ara happens to be the wife of petitioner Kaiser Ahmad Sheikh whereas petitioner Neelofar Jan wife of petitioner Bashir Ahmad War.
The allegations against the petitioners are that they were working as officers/officials in JKPCC during the time when irregularities in allotment of the works without tendering had taken place which had resulted in loss to the State exchequer running into crores of rupees.
“In order to investigate these serious allegations and to ascertain the destination of money which has been allegedly pilfered from the State exchequer, it was necessary for the investigating agency to analyze the bank accounts of officers and officials who were at the helm of affairs at the relevant time including their kith and kin. For this purpose, seizure of their bank accounts was absolutely essential”, Court said.
The Crime Branch, Kashmir, was asked to enquire into all works executed or contracted out by JKPCC after issuance of Government Order No.308/201.5 dated 21-11-2015, so as to identify irregularities in award of contracts in violation of prescribed SOP/ procedure and take necessary action under law.
The Preliminary Enquiry was registered and initiated. During the enquiry, it was revealed that Officers/Officials of JKPCC unit 3rd Srinagar by abusing their official position with ulterior motive executed 36 works illegally on nomination basis in violation of Government order No 308 of 2015 dated 21-11-2015.
It was found that these works were split into 1412 work components to bring the works within the competence of the unit head (Deputy General Manager, DGM) in utter disregard to existent financial rules, whereafter these works were allotted without inviting tenders.
This was allowed by Supervisory Officers concerned, General Manager and the Managing Director of the Corporation, by release of funds without Technical Sanction, Administrative Approval and Overlooking the Invitation of Competition.
The enquiry further revealed that an amount of Rs.43914.8 lakhs was projected as rough cost for these works without framing proper DPR/estimates and bills of quantities, in disregard and violation to laid down rules and procedures. This, according to the verification, has caused loss to the State exchequer.
Court has been informed that the action on part of the officials also reveals favouritism and violation of set rules and regulations as there is no provision whereby advance payment in favour of any pieceworker is allowed. Court has been further apprised that the higher officers of JKPCC have also maintained criminal silence over the matter and the justification given by the DGM in this regard is not plausible and justified and is against the facts as existing on ground.
“I do not find any merit in these petitions. The same are, accordingly, dismissed leaving it open to the petitioners to approach the investigating agency, who shall expeditiously look into the explanation and defence put up by the petitioners regarding alleged suspicious transactions, where-after a decision regarding defreezing of the accounts of the petitioners shall be taken by the investigating agency in accordance with the law. It shall also be open to the petitioners to open fresh salary/pension accounts so that they are able to draw their salary/pension regularly”, Justice Sanjay Dhar concluded.
Court while dismissing their plea seeking defreezing of their accounts said a police officer during the investigation of the case has power to seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of commission of an offence.
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