ANIL JOHN Vs. STATE OF J&K

JUDGEMENT

(1.) OWP No. 277/2004 filed by the appellant for quashment of the case registered as FIR No. 43/2000 for commission of offences punishable under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 and Sections 120 -B, 420,467 and 468 of the RPC, stands dismissed vide judgment dated 6th July, 2007. Aggrieved thereof instant Letters patent Appeal.

(2.) APPELLANT along with Sh. Gh. Mohammad Khan Proprietor of M/S Soura Group of Industries, Sh. Rajinder Koul, the then AAO Home Department and Sh. Subash Chander Jandial, the then CAO/FA Home Department, allegedly, hatched a conspiracy and succeeded in getting Rs. 43,33,380/ - released as rent for the Industrial units/residential accommodation owned by Sh. Gh. Mohammad Khan situated at Batergam, Kupwara.

(3.) SH . Gh. Mohammad Khan in respect of Industrial units/ residential accommodation situated at Batergam Kupwara allegedly occupied by the Security Forces from the year 1989 to 1996, represented to the Home Department for payment of the rent. The Home Department referred the case to the Deputy Commissioner, Kupwara for assessing the rent through Rent Assessment Committee. The Deputy Commissioner, Kupwara instead of finalizing the rent assessment, after 15 months returned the rent case with the request that status of the accommodation be got determined through Tourism Department, as Sh. Gh. Mohammad Khan (accused) represented and claimed that the occupied accommodation falls within the Three Star category Hotel, therefore, assessment can only be made by the Tourism Department. As a result thereof the matter had been referred to the Commissioner -Secretary, Tourism Department. The Commissioner -Secretary, Tourism Department did ask the Dy. Director Tourism, (Registration) for a report in respect of the accommodation occupied by the Security Forces at Batergam, Kupwara i.e. to categorize the residential accommodation. The Deputy Director Tourism (appellant) addressed a communication to the Special Secretary to Govt, Home Department, Srinagar dated 18th June, 1996, wherein he has recorded "As per rules in vogue the accommodation falls in B -Category of Hotels". As a result thereof the Home Department processed the rent case and fixed rent at Rs. 70/ - per day per room. On the basis of the said assessment Rs. 43,33,380/ - for the period 1989 to 1996, as against the genuine entitlement of the rent Rs. 2,46,664/ - for the said accommodation has been released.