RAVI KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition filed under section 561-A Cr. P.C., the petitioner has sought the indulgence of this court in quashing the FIR bearing no. 21/2017 registered against him at Police Station Vigilance Organisation, Jammu, for the commission of an offence under section 5(1) (d) read with section 5 (2) J&K Prevention of Corruption Act and section 120-B RPC, on the grounds, inter alia, that he was appointed as a Junior Assistant/Typist in the department of Urban Local Bodies in the year 1982. Subsequent to his appointment, he was promoted to the different rungs of the official hierarchy in the department. He served as Executive officer in the Urban Local Bodies till 30.06.2015. He has a long service career and has enjoyed a good reputation by the dint of hard work. The FIR registered against him is actuated by mala fides and the allegations levelled in it are factually incorrect. These do not make any offence against him on the face of them.

(2.) The FIR portrays and delineates that a verification was conducted into the allegations levelled against Shri Dheeraj Gupta and Neeraj Gupta sons of Shri Rattan Bushan residents of ward no. 2 near Ramleela Ground, Adarsh Colony, Udhampur, that they raised a construction in violation of the building permission/sanctioned plan. The verification revealed that a residential building permission was issued vide order no. MCU/2011-12/1202 dated 28.09.2011 by then Executive Officer, Municipal Council, Udhampur in favour of Shri Dheeraj Gupta and Neeraj Gupta sons of Shri Rattan Bushan with permission to cover 3189.5 square feet at the ground floor and 2582 square feet at the first floor but in spite of that the beneficiaries have covered 95% of the plot area as per the site plan. The verification further revealed that the beneficiaries in league with the accused officer/officials of Municipal Council, Udhampur and in utter violation of the approved plan raised the construction on ground floor measuring 2114 square feet and at the first floor measuring 2721.5 square feet and thus committed a total violation of 4835.5 square feet. It is stated that it revealed that in order to cover up the violations and to provide sufficient time to the beneficiaries to raise the said construction a mere formality of issuing a notice under section 7(1) was undertaken but no action as warranted under section 7(3) of Municipal Act was initiated. Thus, the intentional inaction by the accused public servant in league with the beneficiaries has paved the way for the beneficiaries to raise the construction in blatant disregard and violation of building permission rules/law. The aforementioned acts of omissions and commission on the part of Shri Ravi Kumar, then Executive Officer, Municipal Council, Udhampur and the beneficiaries namely, Shri Dheeraj Gupta and Neeraj Gupta sons of Shri Rattan Bushan resident of ward no. 2, near Ramleela Ground, Adarsh Colony, Udhampur, prima facie establish an offence under section 5(1)(d) read with section 5(2) J&K Prevention of Corruption Act, 2006, and section 120-B RPC.

(3.) In the objections, the respondent has pleaded that a complaint was lodged in the Chief Minister's Office which was forwarded to the Vigilance Organisation, Jammu. The contents of the complaint were verified and on verification it emerged that Shri Dheeraj Gupta and Neeraj Gupta sons of Shri Rattan Bushan resident of ward no. 2, near Ramleela Ground, Adarsh Colony, Udhampur, raised a construction in violation of the building permission/sanctioned plan. It also came to the surface that the aforesaid building permission was issued in their favour by the then Executive Officer, Municipal Council Udhampur. It also came to the fore during the verification that the beneficiaries in league with the officials of Municipal Council, Udhampur, have in utter violation of the building permission plan raised the above mentioned construction.