Action to be taken as per Classification, Control & Appeal Rules
Director FSL appointed as Inquiry Officer
Mohinder Verma
JAMMU, Oct 13: Home Department has ordered in-depth enquiry as per J&K Civil Services (Classification, Control and Appeal) Rules against the Prosecuting Officer Waseem Qureshi, who was arrested with narcotics by the Rajouri Police in the month of May 2020 and was subsequently placed under suspension.
“In terms of Rule 33 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956, Mohammad Shahid Saleem, Director Forensic Science Laboratory is hereby appointed as Inquiry Officer to conduct an in-depth enquiry into the charges framed against Waseem Qureshi, Prosecuting Officer (under suspension) presently attached in the office of Deputy Director Prosecution, Ramban”, read an order issued by Financial Commissioner/Additional Chief Secretary Home Department, Raj Kumar Goyal.
Further, Bopinder Singh, Deputy Director Prosecution Jammu has been appointed as Presenting Officer and the Inquiry Officer has been directed to complete the enquiry and submit his report/recommendations to the Home Department within a period of 30 days from today.
Waseem Qureshi was placed under suspension in the month of May 2020 after he was caught with eight grams of contraband substance by Rajouri Police. It was mentioned in the order that pending inquiry into the conduct of Qureshi, he would be deemed to have been placed under suspension with effect from the date when he was taken into custody by the police.
Qureshi, who was posted as Assistant Public Prosecutor in the court of Judicial Magistrate Ukhral in Ramban, was arrested and booked under the Narcotics Drugs and Psychotropic Substances (NDPS) Act.
“Before initiating action against Waseem Qureshi, it is imperative to follow the procedure prescribed under J&K Civil Services (Classification, Control and Appeal) Rules, 1956”, official sources said while disclosing that under Rule 33 of these Rules a procedure has been laid down before issuance of order of dismissal, removal or reduction in rank.
“Without prejudice to provisions of the Public Servants Inquiries Act, 1977, no order (other than an order based on facts which had led to his conviction in a criminal court or by a court-martial) of dismissal, removal, or reduction in rank shall be passed on a person who is a member of a civil service, or holds a civil post under the State unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded adequate opportunity of defending himself”, Rule 33 states.
The Rule further read: “The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the person charged, together with a statement of allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case”.
“The person shall be required, within a reasonable time, to put in a written statement of his defence and to state whether he desires to be head in person. If he so desires, or if the authority concerned so directs, an oral inquiry shall be held in respect of such of the allegations as are not admitted”, Rule 33 said, adding “at that inquiry such oral evidence will be heard, as the inquiring officer considers necessary. The person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he may wish provided that the officer conducting the inquiry may for sufficient reason to be recorded in writing refuse to call a witness”.
The proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof and the competent authority may inquire into the charges itself or if it considers it necessary so to do, it may appoint an Inquiry Officer for the purpose.
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