Infamous Kupwara Ration Scam: CAT sets aside termination of store-keeper

29/01/2023

SRINAGAR, Jan 28: In a much publicized kupwara ration scam in which Central Bureau of Investigation (CBI) in the year 2016 had found large scale irregularities in the FCI's stock management in Kupwara wherein it was found that several truck-loads of ration had gone missing, Central Administrative Tribunal Srinagar Comprising Anand Mathur, Member (Administrative) and D.S.Mahra, Member (Judicial) after hearing Advocate Sanchit Verma and quashed and set-aside the impugned order No. 130- JK(FCS&CA) of 2020 dated 15-12-2020 and the respondents are hereby directed to reinstate the Fayaz Ahmad Lone Store-Keeper forthwith, with all consequential benefits flowing therefrom, except back wages, within a period of two months from the date of receipt of a certified copy of this order.
CAT further ordered that respondents will be at liberty to proceed against the applicant in future, if sufficient material is found against him especially with regard to criminal matters pending before the competent court.
It is worthwhile to mention here that a case was registered by the CBI in the year 2017 bearing FIR No.RC1232017A0004 against various officials of Department of CAPD (now known as Department of FCS & CA and FCI). The said FIR pertains to misappropriation of food grains at Kulangam Grainery Kupwara, which caused loss to the State exchequer. It is stated that initially the applicant was not booked in the above-mentioned FIR but subsequently, at the time of filing of charge-sheet, he was also booked. Allegations against the employees including the applicant are that challans of 182 vehicles shown to have been dispatched from different FCI Centres in Punjab to FSD Kupwara did not match with their corresponding entries in the concerned registers of Multi-Disciplinary Monitoring Committee (MDMC), Lower Munda. Instead, other challans were mentioned in the registers of MDMC, Lower Munda against the serial numbers as mentioned in the challans of these 182 vehicles, and different seal impressions were appended on the challans of vehicles in question. The allegations against the applicant are that while being posted as Store Keeper at Kulangam Grainery Kupwara between January 2017 and September 2017, he was responsible for checking the quality and quantity of ration received from FCI, which he failed to discharge. He was also charged with the allegation that he had indulged/participated in acts of omission and commission in connivance with officials/contractors of FCI and other employees of Department of FCS&CA leading to misappropriation of government ration/money.
The sanction to criminally prosecute the applicant was accorded by the Government of Jammu and Kashmir, vide Order No. 01-JK-GAD(vig) of 2020 dated 07.01.2020. Simultaneously, GAD, vide its O.M NO. GAD(vig)02-sp-2019 -CBI dated 09-01-2020, asked the D/O FCS&CA to place the applicant under suspension and also to initiate departmental enquiry against him for violating J&K Government Employees (Conduct) Rules 1971. The departmental enquiry against the applicant was finally concluded by the Enquiry Officer and he was terminated from service, vide Government order No.130-JK(FCS & CA) of 2020 dated 15-12-2020.

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