Jammu, May 04: In LPA No. 28/2023 CM No. 1536/2023 titled Shaleen Kabra, Principal Commissioner/ Secretary to Govt., Department of Jal Shakti, Civil Secretariat, Jammu/ Srinagar and ors. V/s Deep Raj after hearinh a bench of HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDERED as under:-
1. In compliance to our order dated April 29, 2025, the necessary affidavit by the Executive Engineer, Irrigation Division-II, Jammu, filed yesterday is taken on record.
2. Ms. Monika Kohli, learned Senior Additional Advocate General, with reference to the communication dated January 6, 2023, (Annexure-V), submits that Chief Engineer, J&K, Jal Shakti (I&FC) Department, had sought specific information from the Executive Engineer, Irrigation Division-II, Jammu, if, for executing the alleged works, codal procedures were followed and if yes, the complete details be furnished regarding approvals, funds availability, execution (with or without authority etc.).
And, in response thereto, vide communication dated January 6, 2023 (Annexure-V), it was submitted that of the 14 works, one work was executed by Shri Deep Raj, Contractor, through tendering process vide allotment No. JID/II/5056-63 dated February 20, 2013, though without any administrative approval/technical sanction. Whereas, the remaining 13 works were executed on emergency basis, but without administrative approvals/technical sanctions, and the copies of the approvals even from the competent authority were not available.
Further, out of the 13 works, the record of 02 was also not available.
3. She submits that the matter, being highly sensitive, and the senior officers/officials of the department have taken cognizance thereof vide letter No. JSD-LS02(1)/257/20220 (C.No.195435) dated May 14, 2024, and the Director, Anti-Corruption Bureau, J&K, has been requested to investigate the matter and register FIR against officers/officials responsible for the grave negligence/ misconduct and violation of the rules meant for ensuring accountability in spending public money.
4. Further, with reference to Paragraph 7 of the affidavit dated April 30, 2025, she submits that even team of Anti-Corruption Bureau, Jammu, has already carried out the spot/site inspection and the report, in this regard, is awaited.
5. In the given circumstances, and before we proceed any further, we consider it expedient to require the Chief Engineer, Jal Shakti (I&FC) Department, Jammu, if any of the alleged works was actually executed/carried out.
What would be the ramifications, if any such work was done in absence of Administrative Approvals/Technical Sanctions. Connivance, if any, of the officers/officials concerned, who were in seizin of the records at the relevant time.
Further, the report of the Anti-Corruption Bureau, J&K, on the basis of spot inspection, if available, be also placed on record before the adjourned date.
6. Adjourned to 21.05.2025.
7. Interim direction, if any, to continue till the adjourned date.
|