Rajesh Gupta
Jammu, June 14: J&K Govt after initiating RDA against one Mohammad Rashid Malik, the then Patwari Halqa, Chowadi District Jammu, who is also involved in managing permission for alienation of Khad Land on the name of 02 persons of plots 4K each in one order from DC Office Jammu without any application/request of Mr Bhutto, one of the owner of 04 K vide No. DCJ/SQ/Permission/2018-19/1075-76 dtd. 23.05.2018 in Khasra No. 658 in Chowadhi by quoting fraud reference of one Minister of the time, which was cancelled by DC Jammu vide order No. DCJ/SQ/Order/2022-23/3288 dtd. 26.08.2022 followed by cancellation of Mutations vide No. DMJ/LO/23-24/151-54 dtd. 12.04.2023, out of which 02 mutations has been cancelled & 02 are sub judice but all inolved Revenue Officials are still roaming free.
However, said Patwari, Rashid issued 02 fards out of above 04 fraud 04 fards at scattered places of a compact plot to Attorney Holder prior to date of issuance of that too a fraud Attorney for which then Tehsildar, Bahu has quoted name of Patwar, Rashid Malik vide No TB/OQ/2021-22/2833-34 Dated: 08.12.2021 adressed to SDM, South along with others for which till day actions awaited.
However, vide Government Order No.16-JK(Rev) of 2026 Jammu and kashmir Government took strong actions on his illegalities, whereas Order copy with Cross Town News reads as "Whereas, a complaint was lodged by one Smt. Sandhya Devi W/o Angrez Singh R/o Gurha Salathia, District Samba before the Deputy Commissioner, Jammu alleging that she had purchased land measuring 07 Marlas in village Chowadhi through a property dealer namely Rashpaul Singh and that Fard-i-Intikhab under Khasra No. 55 for the said land had been issued by Mr. Mohammad Rashid Malik, then Patwari Halqa Chowadhi; and
Whereas, upon verification it transpired that the land covered under the said Fard-i-Intikhab was already under the possession and occupation of one Shri Suraj Parkash S/o Dharam Chand, who had constructed a residential house thereon long prior to the alleged transaction; and
Whereas, it further surfaced that the complainant was subsequently delivered possession of State land falling under Khasra No. 96, upon which construction activity was initiated and later stopped by the Vigilance Organization (now Anti-Corruption Bureau) on the ground that the land was State land; and
Whereas, in view of the serious nature of allegations and prima facie misconduct, the then Deputy Commissioner, Jammu vide Order No. 167- DCJ of 2016 dated 19.01.2016 placed Mohammad Rashid Malik, Patwari under suspension and initiated departmental proceedings against him vide Memorandum No. 3972-Rev-Adm-04-2016 dated 20.01.2016; and
Whereas, during the course of enquiry proceedings, the charged official challenged the suspension order and the competence of the Deputy Commissioner, Jammu to conduct departmental proceedings before the Hon'ble High Court through SWP No. 154/2016 titled Mohammad Rashid Malik v. State of J&K and others, whereupon the Hon'ble Court directed maintenance of status quo vide interim order dated 11.02.2016, resulting in temporary suspension of enquiry proceedings; and
Whereas, the writ petition was subsequently, withdrawn by the petitioner on 07.09.2016 and thereafter the then Financial Commissioner, Revenue revoked the suspension of the charged official vide Order No. FC(Adm)-144 of 2016 dated 12.09.2016, following which the official was reposted as Patwari Chowadhi vide Government Order No.123-Rev(NG) of 2016 dated 22.09.2016; and
Whereas, subsequent complaints regarding illegal construction on State land under Khasra No. 96, Chowadhi were received by the Divisional Commissioner, Jammu in November, 2016 and upon spot verification by the then Deputy Commissioner, Jammu, it was found that encroachment had indeed taken place on State land, which was directly connected with the allegations forming subject matter of the pending departmental enquiry against the said Patwari; and
Whereas, the Divisional Commissioner, Jammu vide order dated 15.11.2016 attached the said Patwari with his office and directed expeditious conclusion of the departmental enquiry; and
Whereas, the enquiry proceedings were accordingly resumed from the stage at which they had been stayed and full opportunity was afforded to the charged official to produce evidence in his defence, however, no defence witness was produced by him despite final opportunity; and
Whereas, the Enquiry Officer concluded the proceedings and held the charges against the delinquent official proved; and
Whereas, before imposition of penalty, the delinquent official again approached the Hon'ble High Court through SWP No. 2521/2016 challenging the competence of the Deputy Commissioner, Jammu and the attachment order issued by the Divisional Commissioner, Jammu, wherein the Hon'ble Court vide interim order dated 29.11.2016 permitted continuation of enquiry proceedings but restrained passing of final orders; and
Whereas, after dismissal/withdrawal of the writ petition and repatriation of the delinquent official to District Poonch, the Additional Commissioner with the Divisional Commissioner, Jammu was appointed as Enquiry Officer vide Government communication dated 22.10.2018 to examine the matter afresh under the provisions of the J&K CCA Rules, 1956; and
Whereas, the said Enquiry Officer vide communication dated 05.02.2019 observed that the Regular Departmental Action had already been completed by the then Deputy Commissioner, Jammu and had been brought to its logical conclusion and that no fresh RDA was required; and
Whereas, upon examination of the enquiry report and recommendations of the Committee of Revenue Officers constituted pursuant to Government Order No. 146-Rev(Vig) of 2018 dated 08.08.2018, the Financial Commissioner, Revenue vide communication dated 22.03.2019 directed imposition of minor penalty of "Censure" upon the delinquent official under Rule 30 of the J&K CCA Rules, 1956, which was accordingly recorded in the service book of the official by the competent authority; and
Whereas, the General Administration Department vide Office Memorandum dated 03.10.2019 observed that the penalty of "Censure" imposed upon the delinquent Revenue officials did not appear commensurate with the gravity of misconduct, particularly in light of the role played by the officials in facilitating transactions involving State land through improper issuance of revenue documents, and recommended imposition of a more severe and deterrent punishment; and
Whereas, the matter was thereafter examined at various levels including in the office of the Chief Secretary and Revenue Department, particularly with reference to the scope of revisional jurisdiction under Rule 53 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956; and
Whereas, upon comprehensive consideration of the enquiry proceedings, findings recorded by the Enquiry Officer, documentary material on record, gravity of misconduct established against the delinquent official, and recommendations made by the General Administration Department as well as the Chief Secretary's office, the Competent Authority has arrived at the conclusion that the earlier penalty of "Censure" is grossly inadequate and disproportionate to the misconduct proved against the delinquent official; and
Whereas, the conduct of the delinquent official in issuance of Fard-i-Intikhab contrary to established norms and facilitating delivery of possession over State land reflects gross negligence, lack of integrity, dereliction of duty and serious misconduct unbecoming of a Government servant entrusted with sensitive revenue functions; and
Whereas, the Competent Authority is satisfied that ends of justice would be met by imposing a deterrent penalty commensurate with the gravity of misconduct established against the delinquent official;
Now, therefore, in exercise of powers conferred under Rule 30(ii) read with Rule 53 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, the Government hereby imposes upon Mr. Mohammad Rashid Malik, the then Patwari Halqa Chowadi, District Jammu, the penalty of withholding/forfeiture of two annual increments with commulative effect.
It is further ordered that the said official shall not be considered or posted against any sensitive assignment/posting for a period of five years from the date of issuance of this order.
This order shall form part of the service record of the delinquent official.
By order of the Government of Jammu & Kashmir. No. Rev-Vigl/6/2021-18364 "
|