Mohinder Verma
JAMMU, Aug 24: The Home Department and others have disobeyed the High Court orders seeking status of the cheating and impersonation case registered against two Jail Superintendents on the complaint of an under trial facing murder charges and taking serious note of this, Justice Tashi Rabstan today granted last opportunity of two weeks for ensuring compliance of the directives.
In the meanwhile, Director General of Prisons has sought explanation from one of the accused officers—Rajni Sehgal under Jammu and Kashmir Civil Service Regulations within a week’s time for remaining absent unauthorizedly for quite long time without any intimation to the department.
On July 15, 2014, the High Court, after going through the petition filed by under trial facing murder charges namely Ravinder Singh, had issued notice to the respondents— Principal Secretary Home Department, Director General of Police, Director General of Prisons Department, SSP Jammu and SHO Police Station Pacca Danga with the direction to file status of the case in the FIR No.88/2013 registered at Pacca Danga Police Station.
The case under Sections 420, 419, 115, 468, 471, 120-B RPC and 2/5 Prevention of Unfair Means Examination Act, 1987 was registered against the then Jail Superintendents namely Rajni Sehgal and Vinod Sharma on the complaint of under-trial submitted to the Chief Judicial Magistrate, Jammu.
The whistle blower in the case—under trial Ravinder Singh knocked the doors of the CJM after noticing that another under trial Paramjit Singh was appearing as a proxy candidate to Rajni Sehgal, the then Superintendent of Central Jail Kot Bhalwal in Masters of Sociology Examination in the Indira Gandhi National Open University (IGNOU) Special Study Centre established in the District Jail Ambphalla.
The High Court had sought the status of the case as the petitioner-cum-under-trial had submitted through Advocate F S Butt that police has miserably failed to investigate the matter because of the accused being influential persons.
However, the Home Department and other respondents have disobeyed the High Court orders and the same was taken seriously by Justice Tashi Rabstan today. After hearing Advocate F S Butt for the petitioner-cum-under-trial and Dy AG M S Malik vice Senior AAG Gagan Basotra, Justice Rabstan granted two weeks’ last opportunity to the respondents to file status report in terms of order dated July 15, 2014.
“In case of further non compliance, SHO Police Station Pacca Danga shall appear in person on next date to be fixed by the Registry after two weeks”, Justice Rabstan said in the order.
Meanwhile, Director General of Prisons vide communication No Estt/395/3677-79 dated August 22, 2014 has sought explanation from Rajni Sehgal under Article 128 of J&K Civil Service Regulations.
Home Department vide Order No.Home-227 dated May 21, 2014 had directed Rajni Sehgal to report to the office of Director General of Police, Prisons for attachment during her period of suspension and the copy of same was also endorsed to her but she failed to do so.
Thereafter, Director General Prisons vide communication No. Esstt/295/2547-49 dated July 16, 2014 called an explanation from her regarding her failure to comply with the Government order. But again there was no response from her. Vide Government Order No.Home-358 dated July 22, 2014, sanction was accorded to her reinstatement in services with immediate effect but she failed to report to the Directorate of Prisons so far and has remained un-authorisedly absent for 90 days.
Quoting Article 128 of J&K Civil Service Regulations where under absence without leave involves loss of appointment, the Director General of Prisons has directed Rajni Sehgal to explain her position as to why she has not complied with the repeated Government orders within a week’s time. “In case of non-compliance it would be presumed that you have nothing to say in your defence and action as warranted under Rules would be initiated against you”, reads the communication of DG Prisons addressed to Rajni Sehgal, the copy of which is available with EXCELSIOR.
Follow our WhatsApp channel