PARVEZ AHMAD NENGROO Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has, through the medium of instant petition under Sec. 482 of the Cr. P. C, challenged FIR No.01/2020 for offences under Sec. 5(1)(d) read with Sec. 5(2) of the J&K Prevention of Corruption Act and Sec. 120-B RPC registered with Police Station, Anti-corruption Bureau, Srinagar.

(2.) The case of the petitioner is that subject matter of the impugned FIR is the same which has been the subject matter of investigation of FIR No.10/2019 registered with Police Station, Anti-corruption, Bureau, Srinagar. It is averred that FIR No.10/2019 was registered on the basis of a written complaint alleging, inter alia, that illegal backdoor engagements of about 3000 Banking Attendants and Assistant Banking Associates have been made in the J&K Bank Ltd. of which the petitioner happened to be the Chairman and Chief Executive Officer until 8/6/2019. On the basis of this written complaint, FIR No.10/2019 for offences 5(1)(d) read with Sec. 5(2) of the J&K Prevention of Corruption Act and Sec. 120-B RPC was registered and investigation was set into motion. It is further averred that investigation of the aforesaid FIR culminated into filing of a number charge sheets/challans out of which two challans were filed against the petitioner impleading him as one of the accused. It is contended that the subject matter of these charge sheets is exactly the same as the subject matter of the impugned FIR, inasmuch in the impugned FIR also, the respondent investigating agency is proposing to hold investigation into the allegations of alleged illegal appointments of Banking Attendants and Assistant Banking Associates in the J&K Bank Ltd. Thus, according to the petitioner, the respondent investigating agency has registered second FIR on the same set of allegations as that of the first FIR which is impermissible in law. The petitioner has relied upon the judgments of the Supreme Court in the cases of T.T. Antony vs. State of Kerala and Ors. (2001) 6 SCC 181, Babubhai vs. State of Gujarat (2010) 12 SCC 254 and Surender Kaushik and Ors. Vs. State of UP (2013).

(3.) The respondent investigating agency has filed its reply/status report in response to the petition. In its response, the respondent has submitted that FIR No.10/2019 was registered on the basis of a complaint in which it was alleged that more than 3000 illegal appointments have been made in the J&K Bank Ltd. It was further alleged in the complaint that seven fraudulent appointments have been made in the J&K Bank Ltd. Branch Dangiwacha which include the appointment of Iqbal Wani, Mehraj Magray, Feroz Ara, Waseem Bhat, Mushtaq Mir and Faizan Chowpan. It was further alleged that in Rohama Branch of the J&K Bank Ltd. several such fraudulent appointments were also made which included the appointment of Ms. Anjum and one more girl from Bandipora. It was also alleged that in October, 2017, 150 persons were illegally absorbed as Banking Attendants and Assistant Banking Associates by throwing the norms to the wind and appointing PDP workers in the bank. The status report goes on to submit that after the investigation of the case, the offences were found established against 17 bank officers/officials including two Chairman of the time besides 06 beneficiaries who have been appointed by the bank authorities in an illegal manner. Four charge sheets are stated to have been filed against the accused persons before the Special Court in this regard.