JAMMU: Rejecting the instant closure report filled by Anti Corruption Bureau (ACB) in Rs 500 crore alleged scam in Saubhagya scheme with strictures, the Court of Special Judge, Anti Corruption, Jammu on Tuesday has directed the ACB to investigate the irregularities especially allegations of double drawl by constituting a Special Investigation Team (SIT) headed by an SSP rank officer of impeccable integrity. Click here for reading the Full judgement of the court.
Directing the ACB to re-investigate all the public servants and agencies figured in the report for criminal conspiracy and criminal misconduct as defined under prevention of corruption Act 2006, the court in its order noted,”Let this message go to such Investigating Agencies which want to treat the court as the dumping ground of their sham and motivated investigations, to simply get a seal of endorsement on them, that though there is a symbolic band on the eyes of goddess of justice, but judge sitting in the court is not blind. He will see the material placed on record with open eyes and judicial mind to reach to his own conclusions”.
The order pronounced by the Special Judge Anti Corruption, Jammu, Tahir Khurshid Raina reads, “The execution of the “Saubhagya Scheme” prima-facie seems to have not been carried out as envisioned, desired and designed by the Government Of India (GOI). All the Mandatory SoPs, as envisaged in the Saubhagya schemes and in various Circulars, issued from time to time by the Government of Jammu and Kashmir, prima-facie seem to have been observed, by all the relevant authorities, more in breach than in compliance”.
The court further observed “The Executing Agency (JKPDCL), the Project Monitoring Agency (PMA), and even the Government seem to be on same page so far as the shabby and illegal execution of Saubhagya scheme on ground is concerned. Rodic and the PDD officers and officials, through their criminal conspiracy, fabricated false evidence by way of creating Utility Certificates and bills, endorsed by the Rodics without its requisite authentication as per the actual work executed on the ground at the relevant time as was mandatorily required. These bills were uploaded and sustained on the PFMS portal, leading to the release of payment in favour of the beneficiaries”.
Such an illegal action could only have been orchestrated successfully if all these entities-Rodic, Execution Agency, and the Government were in collusion on account of some illegal considerations, which amounts to criminal misconduct under the PC, Act,2006, the judge observed.
Therefore, in the light of glaring incriminating facts on the record, all the said agencies are criminally liable for commission of offences like misappropriation of public money,creating and using of false evidence and criminal conspiracy read with the offence of criminal misconduct as defined under the Prevention of corruption Act, 2006.
The court has directed the ACB to complete the investigation within a period of two months with submission of status report before on fortnightly basis.
The officers whose names were figured in the scam includes Manhar Gupta, the then Chief Engineer, Projects, Wing, JPDCL, Jammu, Umesh Parihar, the then Superintending Engineer EM & re Circle Doda, JKPDD. (Now retired), Asgar Hussain, the then Superintending Engineer, Circle Doda, JKPDD. (Now retired), Tasaduq Hussain Sheikh, the then Executive Engineer EM & RE, Division Doda, JKPDD and Surinder Kumar Koul, the then Advisor RODIC Consultant Private Limited New Delhi and others.
Interestingly, JPDCL was awarded First Prize by Government of India for accomplishing Saubhagya Scheme in Jammu province prior to deadline set in the project.