Court discharges then CEO, Ors in corruption case

21/05/2023

Jammu, May 20: Additional Anticorruption Judge Jammu OP Bhagat discharge then Chief Education Officer Tarsem Lal & ors in the appointment case.
According to prosecution, Chief Education Officer Jammu has opened Govt Primary School Dhar Mohalla Sardaran and appointed Amarjeet Singh S/o Sardar Gurdev Singh R/o village Channi Dewano as a RET teacher in said School in violation of all norms and rules without publishing the advertisement in the leading news papers, no application forms were invited for filling of the vacancies, no merit panel was prepared and displayed in the concerned village, etc. During the course of verification it emerged that a New Primary School Dhar Channi Dewano Zone Khour was opened in papers only in the year 2014 by then Chief Education Officer (for short-CEO) Jammu namely Tarsem Lal in abnormal haste & in violation of norms of Sarva Sikhsha Abhiyan (for short SSA) pertaining to the population & expected strength of pupil. There was no proposal or sanction of competent authority i.e. Project Director Sarva Shiksha Abhiyan for the opening of said school. The school existed for a month period (in papers only) and subsequently shown and merged with the old Primary School of the village Naiwala which speaks in volumes about the malafide intention of the suspect that the said school was opened just to fraudulently adjust the beneficiaries as Rehber-e-Taleem (for short-RET). Two sanction orders for opening of said school were found issued by the suspect CEO after the completion of selection process of the ReT Teachers/illegal beneficiaries na-mely Sh. Amarjeet Singh Pujwal and Smt Mandeep Kour. Two posts of ReT teachers were advertised and selections were made when the school neither existed on the ground nor even in the papers. Moreover, it is also found that the feasibility report submitted by the then ZEO Khour, reportedly telephonic, clearly indicates no requirement for opening of the school as the requisite parameters are not fulfilled. The section of two RET teachers in non-existent school as such has been found illegal. The while process has been conducted and completed by the suspect in connivance with the above named beneficiaries in contravention of the law, rules and the procedure by sheer abuse of his official position, in order to confer undue benefit upon them (ReT teachers). Pursuant to the verification, the instant case FIR NO. 09/2016 under sections 5(l)(d), 5(2) J&K Prevention of corruption Act, Svt. 2006, section 120-B RPC was registered at Police Station Vigilance Organization Jammu (now Anti corruption Bureau JSK Jammu) against public servants namely 1. Tarsem LaL, the then Chief Education Officer Jammu, 2. Amarjeet Singh Pujwal, RET beneficiary and 3. Mandeep Kour, RET beneficiary and others and investigation commenced.
Additional Anticorruption Judge Jammu OP Bhagat after hearing both the sides observed that it has been alleged that prevalent norms of SSA and prevalent procedures have brazenly been violated by concerned CEO and ZEO as alleged by investigating agency for that purpose criminal prosecution is not justified as per law law by the Hon’ble Apex Court of the Country (Supra).
Thus keeping in mind the discussion as made above and the survey made by me on the basis of various judgments delivered by the Hon'ble Apex Court, the legal position has been very well settled and on going through the charge-sheet and material collected
during investigation there are absolutely no grounds for presuming not to speak of even suspicion about the accused having committed offence u/s 5(1) (d) r/w 5(2) J&K PC Act 2006. So far as offence under section 201 RPC is concerned, one of the primary requirements of section 201 RPC is proof of the actual offence. This is because the question of inducing the disappearance of evidence of crime or concealing the criminal does not arise until an offence has been committed in the first place. Accordingly, accused present in the court who are involved for the commission of offence u/s 5(1) (d) r/w 5(2) J&K PC Act 2006 and sections 120-B/201 RPC
are discharged and challan is
dismissed. JNF

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