Alleged demand of Rs 1 Lakh by then Tehsildar, Ors: Court directs SSP ACB enquire matter

29/10/2024

JAMMU, Oct 28: In an application filed by Jaspal Singh Seeking direction to to register FIR under relevant provision of Prevention of Corruption Act and Indian Penal Code or any other law applicable against Sohan Lal Rana, the then Tehsildar R.S Pura and Tirath Singh, the then Office Qanoongo, Tehsil R.S Pura, who have taken Rs 1 lac (one lac only), as gratification money from applicant/complainant for attesting mutation in the name of deceased father of complainant with respect to land possessed by him falling under Khasra No. 780 measuring (1K-4M), situated at Village Kharian, Tehsil R.S. Pura District Jammu.
Special Judge Anticorruption Jammu Haq Nawaz Zargar after hearing both the sides observed that the SSP (ACB) Jammu has initiated a miscellaneous verification to develop the allegations, vide Central office No. ACB-E-7486811-Misc.-Veri-JSK-32/2024 dated 27-05-2024. The Misc-Verification was initiated and an Enquiry Officer has been entrusted to probe accordingly.
Further, status report filed on 21-10-2024, reads "That as per the direction of ACB Head Quarter to devele the allegations further in consultation with DVO concerned, this office vide letter No. SSP/SAB/Misc-32/2024/ACB-J/3315 dated 05-07-2024 made communication with ADC Jammu (DVO) to provide the authenticated copies of record/information w.r.t Mutation No. 602 attested in favour of Sh. Ujjagar Singh in respect of land falling under Khasra No. 780 measuring 01 Kanal 04 Marlas situated at Village Kharian, Tehsil R.S Pura District Jammu, Period of posting suspect Tehsildar and OQ at R/S Pura etc. DVO vide letter No. DCJ/Comp-ACB/2024-25/1007 date 09-09-2024 provided the details regarding mutation No. 602 and perusal of copy of mutation revealed that the said Mutation has been attested in the year 2023 and not in the year 2017 as claimed by the complainant. Moreover record provided by the DVO mentioned letter No. is contradictory to the report submitted by the then NT vide No. 1152/NT-4 dated 24-11-2016 on the application of the complainant. There is in the instant Miscellaneous Verification. Accordingly ACB Head Quarters has been requested vide letter No. SSP/Misc/32-2024/ACBJ/5732 dated 09-10-2024 to authorize an open verification into the instant matter. That, as soon as the requisite authorization from the ACB Head Quarters is received, further course of action shall be taken into the matter and accordingly it will be finalized on merits. Hence report is submitted".
Court further said that perusal of the aforementioned report clearly reflects that ACB Head Quarter has been requested to authorize an open verification into the case in hand. This means that open verification needs to be conducted into the instant matter as the report reveals that perusal of the copy of the mutation revealed that the said mutation as attested in the year 2023 and not in the year of 2017 as claimed by the complainant and that there is need of collecting more record from different departments which is not possible in the miscellaneous verification.
From the perusal of the successive reports filed by ACB, Jammu, it is discernible that a Misc-Verification was initiated by ACB, Jammu through Enquiry Officer which stands completed with the request that authorization for an open verification needs to be given.
Since it is not possible at the first instance that FIR under the relevant provisions of law be registered against the above mentioned suspects who are the serving Government employees as stated by Ld. APP but the DVO has requested for the open verification to which ACB has to respond forthwith.
Since the Miscellaneous-Verification is already concluded with request for open verification and considering the nature and seriousness of the allegations, SSP, ACB (Jammu), is directed to get the matter enquired into and proceed further expeditiously in accordance with law, Court ordered.

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