SHEEBA INAYAT Vs. UT OF JK

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is challenging the Verification No.09/222, of Anti-Corruption Bureau (NK) and prays that the same may be quashed. The petitioner also prays that respondent nos.1&2 may be directed to hold an enquiry into the matter against respondent nos. 5 to 7.

(2.) The case set up by the petitioner is that an anonymous complaint bereft of any particulars of the complainant was addressed to Respondent-Anticorruption Bureau (for short "ACB") on 25/2/2021, leveling several allegations therein and that Additional Deputy Commissioner, Baramulla, addressed a communication bearing no. ADCB/DVO/ 2022-23/70 dtd. 30/4/2022, to respondent-ACB, in response to a communication addressed on 10/6/2021, seeking to enquire in furtherance to the complaint, intimating therein that the allegations contained in the complaint are baseless and upholding the impeccable service career of the petitioner and has placed on record copy of the communication No. ADCB/DVO/2022-23/70 dtd. 30/4/2022, along with the report of the Tehsildar dtd. 20/4/2022. It is also stated that the respondent no.4 on 16/6/2022, addressed two communication to the Deputy Commissioner, Baramulla, seeking the property statement, salary statement, contact number net Salary/GPF details, posting details etc. of the petitioner. It is further stated by the petitioner that while being posted in Rural Development Department on the position of Block Development Officer for Block Singhpora, District Baramulla, in the year 2018, she was approached by the Respondent no.7 (Rafiq Ahmad) compelling the petitioner to meet him by making the inappropriate advances and employing threats of using the office of ACB (the then Vigilance organization) to the detriment of the service of the petitioner in the event demands were not met. It is submitted that the respondent no. 6 along with the Respondent no. 7 have been persistently making such inappropriate demands and the non-fulfillment of which has resulted in the unmerited investigation/inquiry launched against the petitioner. In this regard, it is submitted that the petitioner recently submitted a detailed complaint to the Ministry of Home Affairs, Government of India, in June, 2022, elucidating the role of Respondent nos. 5 to 7 in harassing the complainant/ petitioner by using the criminal investigative system. It is learnt that pursuant to the aforesaid complaint, the General Administration Department has officially launched an inquiry against Respondent nos. 5 to 7. It is also submitted that the petitioner is being illegally implicated in a false and a frivolous case under Verification No. 09/2022, Police Station, ACB, although the petitioner being a responsible officer, is discharging her duties with honesty, dedication and integrity. It is submitted that the petitioner has been exonerated by the Additional Deputy Commissioner, Baramulla, in response to the communication of the ACB, after the thorough enquiry and has communicated to the ACBthat the petitioner is having impeccable integrity and there is no question of being her involved in corrupt practices. However, the petitioner despite exoneration by the Additional Deputy Commissioner, Baramulla, is being harassed by the Investigating Officer and Senior Superintendent of Police of the ACB for the ulterior motives in order to have illegal favours from the petitioner.

(3.) Respondents have filed the status report, wherein they have stated that ACB J&K received about six different complaints against petitioner and other officers/officials of Block Singhpora with different allegations ranging from abuse of official position, embezzlement of the Government funds in MGNREGA, Swatch Bharat Mission, releasing payments without execution of works in block Singhpora, taking bribe and commission for releasing payments of people under MGNREGA, diversion of Govt. funds from intended purpose, working for some specific people, taking bribe through staff VLW, GRS etc. The complaints pertains to her postings in District Baramulla especially her posting as Assistant Director Food Baramulla, Block Development Officer Singhpora District Baramulla and he tenure as BDO Pattan Baramulla.