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Jammu, Nov 30: Additional Sessions Judge Anti Corruption Udhampur framed charges against Balbir Singh, the then CEO Udhampur; Baldev Ram Salaria, the then Dy. CEO Udhampur, Dina Nath, the then District Education Planning Officer/ Secretary SSA Udhampur, Muzamil Khan, the then dealing hand/Incharge SSA ZEO Office Chassana and Chairman & members of Village Education Committee Kunderdhan, namely Abdul Aziz, Mohd Yassen Bhat; Mohd Jan Khan; Mohd John (Chairman VEC); Ghulam Fatima; Abdul Latief Khan by abuse of their official positions and in furtherance to criminal conspiracy hatched among themselves and with the ineligible beneficiaries namely Ashfaq Khan, Murtaza Khan, Manzoor Khan, Nazir Ahmed Afzal Khan, Liayaqat Ali Shah, recommended the name of supra beneficiaries who were lacking the basic criteria of age and qualification, by abusing their official position got accused no. 14-19 engaged/appointed as EVs (Para Teachers) in violation of the recruitment rules/norms and this way gave undue benefit to the beneficiaries and constitutes offences u/sec 5(1)(d) r/w 5(2)J&K PC Act&120-B RPC.
The Court after hearing observed that it is settled Law that at the stage of framing of charge, probative value of the materials on record cannot be gone into; the material brought on record by the prosecution has to be accepted as true.
Court added that if on the basis of material on record, a court could come to the conclusion that commission of offence is approvable for consequences; a case for framing of charge exists to put it differently, if the court was to think that the accused have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence.
Court further added that hence in the light of aforesaid discussion this Court is of the opinion that there is sufficient material to proceed against the accused, for the commission of offence u/sec 5(1) (d) read with 5(2) of the J&K PC Act r.w.120 RPC.
Separate charge Orders are made against all the accused persons.
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