Srinagar: The Supreme Court upheld J&K High Court’s verdict quashing FIRs against two former Managing Directors (MDs) of Jammu and Kashmir Small Scale Industries Development Corporation (SICOP).
The High Court had quashed the FIRs against former MDs of SICOP, B S Dua, and J S Dua registered by the Anti-Corruption Bureau (ACB), observing that FIRs, as also the record, did not show commission of offence of criminal conspiracy by the former MDs.
The J&K government had filed a Special Leave Petition (SLP) in the Supreme Court against the decision of the High Court.
“In the facts and circumstances of the instant case, we see no reason to interfere with the judgment impugned. The Special Leave Petitions are, accordingly, dismissed,” a bench of Justice A S Bopanna and Justice Sanjay Karol said.
“However, if the question of law arises, it is left open,” the bench said.
The FIRs were registered with the Police Station, ACB Jammu for offences under the J&K Prevention of Corruption Act and Section 120-B of RPC.
The ACB had registered the FIRs following the verification revealing that Jasvinder Singh Dua had a sudden swift rise within 16 years of his service career as he rose to the post of MD SICOP.
The FIR had indicated that Dua had initially been appointed in SICOP as JE on January 15, 1998, for three months with the approval of the then MD SICOP A K Khullar.
After approximately three years of his service as JE he was regularised by the then MD “under pre-designed conspiracy with the then General Manager SICOP being his uncle”.
After hearing the parties, the High Court had quashed the FIRs.
“The facts emerging from the record indisputably tends to show that the petitioner- Jasvinder Singh got appointed in SICOP initially on adhoc basis and subsequently got regularised and promoted from time to time like other appointees in the SICOP,” the High Court had said. “Incidentally, during the working of his uncle petitioner-Bopinder Singh Dua in the SICOP.”
“Fact also remains that the appointment and regularisation of the petitioner- Jasvinder Singh in SICOP had been made by the officer other than petitioner Bopinder Singh Dua - by the then Managing Director who had made such appointment and regularisation on the same lines the other Managing Directors had made in the SICOP from time to time,” the court had said. “It is also not in dispute that none of the appointments in the SICOP during that relevant point of time had been made in tune with the constitutional mandate that is by advertising the posts.”
The court had said that neither the FIR nor the record tend to show that the commission of offence of criminal conspiracy by the petitioners.
Subsequently the High Court quashed the FIRs.