SUBASH SINGH CHIB Vs. STATE

JUDGEMENT

(1.) This is a petition under Sec. 561-A of the Jammu and Kashmir Code of Criminal Procedure, 1989 (for short, the Code) seeking quashing of i) FIR No. 15/2014 dated 29.05.2014 of Police Station, Vigilance Organization, Jammu under Sec. 5(1)(d) r/w 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 (for short, the P.C. Act) and Sec. 17 of the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 (for short, the Roshni Act) , ii) the proceedings conducted in the said FIR and iii) the Government Order No. 18-GAD(Vig) of 2016 dated 27.06.2016 whereby sanction in terms of Sec. 6 of the P.C. Act has been accorded for launching prosecution against petitioners 1 & 2, who are Public servants.

(2.) Heard. I have perused the record.

(3.) The allegations involved in FIR No. 15 of 2014 (supra) relate to bungling in conferment of ownership right in 63 kanals and 15 marlas of State land comprised in Khasra Nos. 259, 260, 261, 263 and 264 situate at village, Katal Batal in favour of one Bashir Ahmed under the Roshni Act. The impugned Government Order No. 18-GAD (supra) would show that after investigation the Vigilance Organization has found commission of offences under Sections 5(1)(d) r/w 5(2) of the P.C. Act and 17 of the Roshni Act by the petitioners, who are/were at the relevant time public servants. These public servants are alleged to have abused their official position by showing non-agricultural land as agricultural land and thereby causing loss to State exchequer. As petitioners 1 & 2, are in Government service, the others having retired on superannuation, the Government has accorded sanction for their prosecution in terms of Sec. 6 of the P.C. Act.