NIYAZ AHMAD BABA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have challenged the charge sheet arising out of FIR No.25/2010 for offences under Sec. 5(1)(c), 5(1)(d) read with Sec. 5(2) of J&K Prevention of Corruption Act and Sec. 120-B, 467, 468, 471, 409, 420 and 109 RPC registered with Police Station, Vigilance Organization, Kashmir.

(2.) Before coming to the grounds urged in the petition, it would be apt to narrate, in brief, the facts emerging from the impugned challan.

(3.) A Joint Surprise Check was conducted by the officers/officials of Vigilance Organization, Kashmir, into the allegations of abuse of official position by the officers/officials of Water Shed Management (LAWDA), Srinagar, regarding construction of Gabion Check Dams at Khimber Takya Sangh Reshi, Srinagar. It was revealed during the Joint Surprise Check that accused Mehraj-ud-din Shah, the then DFO, M. A. Chisti, the then DFO, Wiqar Ahmad, JE, and others, under a well-knit conspiracy and in connivance with contractors, have abused their official position and misappropriated lacs of rupees in construction of Gabion Check Dam which was erected in the shape of stone beds covered with crate wire for treatment of Sangh Reshi Nallah at Khimber Takya Srinagar. It was found that ten works were executed by different contractors at the cost of Rs.109.97 lacs during the financial years 2006-07, 2007-08 and 2008-09. The Joint Surprise Check revealed that an amount of Rs.35.04 lacs was shown to have been spent on carriage of stones from Athwajan quarry and Wussan Nallah to the site of construction, namely, Nallah Sangreshi, while as no stone was found to have been used/transported from these places to the site. It was revealed that the stones which were available at the site were utilized in construction of Dams. Thus, the accused public servants including the petitioners herein had resorted to manipulation of records and misappropriated a sum of Rs.35.04 lacs.