Excelsior Correspondent
SRINAGAR, Aug 8: High Court has directed the Anti Corruption Bureau (ACB) to go ahead with the investigation of FIR registered against the official of the Education Department for regularizing the services of ReT as General Line teacher on fake and false educational certificates.
The petitioner Bashir Ahmad Bhat initially appointed as ReT in Primary School Gund Panah, Haranjguroo, Beerwah challenged the FIR registered against him and other officials of the department by the Vigilance Organization Kashmir (now ACB) and sought quashing of the FIR.
Justice M A Chowdhary dismissed the plea and directed to proceed further in the matter and conclude the investigation at an earliest as the FIR registered is 8 years old. “The petition is, thus, found to be devoid of any merit and substance and is, accordingly, hereby dismissed.
Justice Chowdhary further added that the High Court has to sparingly use the powers to quash the investigation of a case, especially when there seems to be an abuse of the process of law or to secure the ends of justice.
“Here, in this case, there seems to be no abuse of the process as the investigating agency has been investigating the role of the public servants, particularly their conduct while considering the regularization of the Petitioner as General Line Teacher from the ReT on the basis of a certificate which had come under cloud in the earlier case”, Court said.
It has further been recorded that without verification of the qualification, the services of the Petitioner-Bhat are stated to have been regularized, therefore, the case has rightly been registered against those public servants for misconduct and the Petitioner, as beneficiary in the case.
Court recorded that it is on the basis of illegal reports of officials of the department, the services of the Petitioner were regularized as General Line Teacher from that of ReT and that the public servants dealing with the case of regularization had not made any mention with regard to pendency of the case of forgery against him, as such, the public servants and the Petitioner were in league and connivance to make an undue benefit to the Petitioner.
On registration of FIR court said, the Respondent-VOK has rightly registered the case for investigation into the conduct of the public servants dealing with regularization of the Petitioner as General Line Teacher in absence of the requisite qualification at the time of his appointment.
“For the investigation of the case, registered vide the impugned FIR, in the considered opinion of this Court, it is in the interests of justice that the investigation is allowed to be carried out and, if on conclusion of the investigation which results into charge sheet, the Petitioner shall have a recourse of raising all the contentions that he has raised in this Petition before the Court having jurisdiction while considering the charge against him”, read the judgment.
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