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Rajesh Gupta
Jammu, Aug 12: Shaleen Kabra, ACS Jal Shakti dropped charges against an Executive Engineer, against whom FIR on corruption charges was registered in ACB & Govt itself sanctioned Prosecution, detailed order copy with CTN reads as under:-
1. Whereas, General Administration Department vide O.M. No.GAD-VIG0SP/48/2022-09- GAD dated 15.11.2022 has requested for initiation of simultaneous action against the in service public servant namely Mushtaq Ahmad Wani, the then Assistant Engineer, Water Works Division Srinagar, whose prosecution has been sanctioned vide Government Order No. 39-JK-GAD (Vig) of 2022 dated 15.11.2022 for commission of offenses punishable U/S 5(1)(d) r/w (5(2) of the prevention of Corruption Act, Samvat 2006 and Section 120-B RPC in case FIR No. 11/2015 P/S VOK (now ACB); and
2. Whereas, Anti Corruption Bureau vide letter No. ACB-FIR-11/2015-K-633-34 dated 16.01.2023 has furnished the draft article of charges, statement of imputation and Gist of evidence in the instant case; and
3. Whereas, vide Memorandum dated 24.02.2023, Article of Charges and Statement of Imputation were served upon Shri Mushtaq Ahmad Wani, the then Assistant Engineer, Water Works Division Srinagar; and
4. Whereas, Shri Mushtaq Ahmad Wani has furnished the reply in his defense, which was examined in the department and found satisfactory and the case file was placed before the then Competent Authority (Advisor to Hon'ble Lieutenant Governor) for acceptance or otherwise.
The then Competent Authority has directed for obtaining the present status of the case; and
5. Whereas, vide O.M dated 07.07.2023, General Administration Department and Anti Corruption Bureau, J&K were requested to intimate the present status of the case FIR No. 11/2015 P/S VOK (now ACB); and
6. Whereas, Anti Corruption Bureau, J&K vide letter No. ACB-FIR-11/2015-K-18446 dated 23.12.2024 intimated that case is pending trial before the Additional Special Judge Anti-Corruption Court Srinagar for arguments on charge on 12.02.2025; and
7. Whereas, the case has been re-examined in the department and the following points are brought out:-
i. The officer attended the BOCA meeting of the Srinagar Municipal Corporation (SMC) as a temporary representative based on verbal instructions from his Executive Engineer.
ii. Since the officer was not a permanent BOCA member, his role was limited to representing the Public Health Engineering (PHE) Department and defending the No Objection Certificate (NOC) issued by the department.
iii. The officer's responsibility in BOCA was strictly related to the PHE Department's NOC. iv. Decisions on building deviations and approvals fall under the jurisdiction of the Srinagar Municipal Corporation (SMC) and the Srinagar Development Authority (SDA), who are the designated experts in master plan regulations.
The officer had no authority to approve or reject deviations in the master plan. v. Since 2010, new SMC Building Regulations have been implemented, removing the involvement of line department representatives (such as PHE and PDD) from BOСА meetings.
Now, building permissions are granted solely by the SMC, SDA, and the Chief Town Planner, while NOCs from the PHE Department are issued online.
8. Whereas, the officer's role was strictly limited to ensuring the protection of Water Supply infrastructure and assessing water sufficiency for new construction and the reply of the officer seems satisfactory; and
9. Whereas, case was again examined in the department and subsequently placed before the Competent Authority who has decided to drop the charges leveledagainst the officer; and 10. Whereas, the file was referred to the General Administration Department for appraisal on the above lines alongwith their advise in the matter; and
11. Whereas, General Administration Department vide UO No. GAD-VIGORDA/31/2025-02- GAD(CC:7637615) dated 21.07.2025 has returned the departmental file with the following opined as under:-
"Returned. The case has been examined in General Administration Department, and it has been observed that Jal Shakti Department has already arrived at a conclusion to close the RDA case at the stage of examining the replies furnished by the charged officer namely; Mr. Mushtaq Ahmad Wani, the then Assistant Engineer, Water Works, Sringar (now I/c Ex. Engineer, PHE Division Sopore), citing that the officer's role was strictly limited to ensuring the protection of water supply infrastructure and assessing water sufficiency for new construction.
It was also observed that the department has proposed that the reply of the reply of the officer seems satisfactory; therefore, Competent Authority may consider dropping the charges against the officer.
On further examination, it has been observed that the department has not yet acted upon in the case, in term of circular instructions issued from time to time and latest vide circular No. 24-JK(GAD) of 2021 dated 17.07.2021, prescribing the procedure to be following in RDA cases, which inter-alia, envisage that the replies furnished by charged public servant may be analyzed to arrive at a conclusion, as to whether an enquiry officer is required to be appointed to enquire into the charges so framed or not.
Therefore, as provided in the circular, the RDA is to be closed by issuing a speaking government Order/ Order, as the case may be.
The department is accordingly, advised to proceed in the case in terms of guidelines/circular instructions and share action taken report (ATR), with the General Administration Department."
12. Now, therefore, it is hereby ordered that the charges leveled against Shri Mushtaq Ahmad Wani the then Assistant Engineer, Water Works Division Srinagar (presently I/c Executive Engineer, PHE Division Sopore) in case FIR No. 11/2015 are dropped and case is closed at the departmental level.
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