Excelsior Correspondent
Srinagar, Apr 30: High Court today stayed the investigation of FIR against Chairman Urban Cooperative Bank Ltd for appointing ineligible persons against various vacancies in the Bank.
The senior counsel Syed Faisal Qadri appearing for the petitioner-Shah as Chairman Cooperative Society does not fall within the definition of the ‘public servant’ as provided in the Prevention of Corruption Act as such the registration of FIR against him is not in tune with the law.
Justice Sanjay Dhar after having hearing the Advocate Qadri and having perused the material on record said a case for grant of interim indulgence is made out. Court accordingly issued notice to Senior Superintendent of Police Anit-Corruption Bureau and sought his response in the matter and till such time court stayed the investigation of FIR in question.
Accused-Shah preferred a petition under Section 482 of Code of Criminal Procedure before the court for challenging the FIR bearing No.04/2020 registered against him at Police Station Anti-Corruption Bureau Anantnag South Kashmir under Section 5(1)(d) read with 5(2) of Jammu & Kashmir Prevention of Corruption Act, 120-B RPC.
The Registration of FIR against the accused-Shah came to be registered in respect of the alleged commission of offence against while being discharging his functions as a Chairman Urban Cooperative Bank Ltd, Anantnag has without following a procedure appointed ineligible persons against various vacancies. It is further alleged in the FIR that the appointments in respect of such persons has been made in respect of various Class-IV positions.
It is further added in the FIR that the appointments so made have been approved by the Board of Directors of the Society, without following any procedure and in violation of Rules and regulations. The impugned FIR would further indicate that the appointments were initially made on temporary basis and consequently regularized during 2010-2013 by the Board of Management.
The petitioner, however, contends that the appointments were made by the Board of Directors after inviting applications from the eligible candidates and in this regard the Advertisement was issued by him and after the applications were received and scrutinized, the selection on temporary basis was made which was within the domain of the Petitioner as Chairman of the Bank, Board of Directors and the same was thereafter ratified by the General Body during the annual General Meetings.
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