Jammu, Feb 17: Shaleen Kabra, FCR Ordered on "RDA against Mr. Hashim Amin Malik, the then Patwari, Mughalpora, Tehsl Kupwara- Imposition of penalty thereof" .
The Order copy with Cross Town News reads " Whereas, Mr. Hashim Amin Malik, the then Patwari, Mughalpora, Tehsil Kupwara, was arrested Shopping demanding and accepting illegal gratification of 5,000/- for permitting construction of a Suspension complex by the Deputy near Boys Degree College, Bohipora, and was accordingly placed under dated 18.10.2023; and Commissioner, Kupwara vide Order No. DCK/N/Est/2023/1135-38
Whereas, article of charges the investigating agency vide communication dated 10.01.2025 forwarded the draft further course of along with statement of imputation and gist of evidence related documents for action; and ;and the
Whereas, accused this official office in vide terms Memorandum of dated 21.02.2025, proposed to hold an enquiry against Deputy Commissioner, Rule 33 of the J&K Civil Services (CCA) Rules, 1956; requested the reply of the Kupwara, to serve the charge-sheet upon the delinquent official and if Officer's report along official with found unsatisfactory, to appoint an Inquiry Officer and furnish the Inquiry comments / recommendations; and
Whereas, was served chargesheet upon Mr. containing memorandum, article of charges and statement of imputation DCK/N/Estt/2025/1420-23 Hashim Amin Malik by Deputy Commissioner, Kupwara, vide his No. dated 27.02.2025 with the charge as under: 30,000/-
"The official for was caught red handed while demanding and accepting bribe of Rs. 30,000 & official has failed allowing to the construction equipment's/materials of the complainant. Thus, the duties and has maintain absolute honesty and integrity in discharge of his official and disloyalty brought disrepute to the department. The malpractice is a breach of trust to the organization and has shaken people's faith in system."
Whereas, Deputy Commissioner, the accused official submitted his reply to the article of charges on 10.03.2025 and appointed Dr. Kupwara, vide Order No. DCK/N/Est/2025/99-102 dated 25.04.2025, Officer to conduct Mudasir the enquiry Ahmad, into JKAS, the Sub-Divisional Magistrate, Lolab Sogam, as Inquiry allegations leveled against the accused; and
Whereas, 10.06.2025, the which Inquiry is reproduced Officer concluded the enquiry and submitted his report vide letter dated as under: registered "An FIR No. in 11/2023 U/S P/S of Prevention of corruption Act 1988 (as amended 2018) stands Malik and ACB Baramulla against the accused official namely Shi Hashim Amin involved in investigation the construction is under process, However, regarding the demand of corrupt/bribery offered to the work in question as well as the tainted amount claimed be complainant in accused his statement/Affidavit" public servant or his companion is absolutely turned down by the complainant in his statement & Affidavit.
Whereas, with further the recommendation Deputy Commissioner, that Kupwara forwarded the report by Inquiry Officer along recorded in the service one increment of the official be forfeited and a "Red Entry" be sensitive field postings book of the delinquent official, debarring him from being assigned any in future; and
Whereas, aspects upon consideration of report of the Inquiry officer, various documents, relevant and recommendation by the Deputy Commissioner, the Competent Authority (Financial Commissioner, Revenue) has observed as under:
While there are statements that support the version of the charged official of neither demanding nor accepting bribe, the FSL report confirms presence of Phenolphthalein and Sodium Carbonate in the post-trap solution.
Taking a considered view, and agreeing with the recommendations of the Deputy Commissioner, a penalty of forfeiture of one increment is imposed upon the official.
This penalty will be subject to review on outcome of the criminal proceedings / trial initiated by the ACB.
Further. it is directed that the official shall not be assigned any sensitive posting for 2 years. His reinstatement, however, shall be decided by the review committee as per the directions of the GAD."
Now, therefore, in terms of Rule 30 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, the penalty of forfeiture of one increment is hereby imposed upon Mr. Hashim Amin Malik, the then Patwari, Mughalpora, Tehsil Kupwara.
This penalty shall be subject to review based on the outcome of the criminal proceedings/ trial initiated by the ACB. Further, the official shall not be assigned any sensitive posting for a period of two years.
His reinstatement, however, shall be decided by the Review Committee as per the directions of the General Administration Department.
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