MUSHTAQ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) THIS case discloses a sorry state of affairs with no mechanism of accountability in the Consumer Affairs & Public Distribution Department. The issue came to the forefront when a learned Single Judge of this Court dealt with a service matter in SWP no. 2088/2013 and the facts divulged before the learned Single Judge persuaded us to hold that it would be in the public interest to find out the magnitude of the value of misappropriation of food grains in the State. It was prompted by communication dated 09.09.2013 which divulged short fall of food grains worth more than 48 lacs in far flung area of Dachhan, that too in respect of a small period i.e. April 2012 to March, 2013. The short fall was confined only to 5 depots, which, in our opinion, was a tip of the iceberg.

(2.) IN compliance of the directions of this Court a report has now been filed by the Deputy Secretary to Government, CA&PD Department which discloses the names of 88 employees belonging to Kashmir Division who have misappropriated huge amounts totaling crores of rupees. Likewise in Jammu Division the misappropriation has been made by 57 employees and both the lists have been placed on record as Annexure R -1 and R2. Few examples from the list belonging to Kashmir Division would fortify the impression that there is a complete failure of machinery ensuring accountability of government employees. At item no. 18 in the list concerning Kashmir Division in respect of Marwah/Warwan, the name of the officer mentioned is Abdul Rashid Magray. He has misappropriated an amount of Rs. 71,18,704.68 in the year 2003 -04. According to the information provided he was dismissed from service but no recovery has been made. Likewise, in respect of item no. 20 pertaining to Inshan Godowns, one Ghulam Rasool Bhat has misappropriated a sum of Rs. 43,85,593.28 in the year 2003 -04 with no recovery and he has been continuing under suspension as the case is under investigation with Crime Branch Jammu under FIR no. 15/2004. Naturally he would be earning full salary as 100% pension allowance. In another case figuring at serial no. 59 in respect of Rambagh/Mehjoor Nagar/ Sammerbugh, the name of one Abdul Rashid Mir figures who has misappropriated a sum of Rs. 60,50,687.71 in the year 2013 -14 but no recovery has been effected and in respect of officer shown at serial no. 67 in the area of Soura, namely, Ghulam Nabi Bhat, a sum of Rs. 30,85,967.87 has been shown misappropriated by him in the year 2013 - 14 but without any recovery. The instances at serial nos. 70, 71 and 72 shows that a sum of Rs. 1,22,10,465.00 by each of the officers, namely, Manzoor Ahmad Chat, Khurshid Ahmad Dar and Abdul Qayoom Dar has been misappropriated in the year 2013 -14. There are myriad of examples. In each case such employees are either allowed to retire without any recovery or their enquiries are kept pending for years together, placing them under suspension and giving them 100% suspension allowances.

(3.) THESE examples can be multiplied, however, one thing is patent that the government has not been able to effectively seek accountability of these officers nor any recovery has been effected despite the fact that stringent provisions are available. Keeping in view the misappropriation of colossal amount of tax payers money, we direct all these 88 officials belonging to Kashmir Division and 57 official belonging to Jammu Division to furnish the details of their moveable and immoveable assets in their name, spouse, brother or children names, including the details of their bank accounts along with the details of the moveable and immoveable assets/bank accounts of their spouses and children.