The Special Judge Anticorruption, Jammu A.K. Koul has passed strictures against the Deputy Commissioner, Jammu and the Vigilance Organization Jammu for not completing the enquiry with regard to encroachment of Government land and Nallah near Sharma Petrol Pump Sunjwan, Jammu.After hearing the complainant Shashi Thakur DySP appearing in person who alleged encroachment of a Nallah by a powerful land mafia with active connivance of Revenue Officers/Officials and she also drew the attention of the Court to the slow progress of the enquiry initiated by Vigilance Organization Jammu. The complainant also drew the attention of the Court to the report of the Deputy Commissioner Jammu and after perusal of the same the Special Judge Anticorruption Jammu observed that from the report of the Deputy Commissioner and the status report submitted by Enquiry Officer of VOJ it appears that things are not moving as they should have been. Every officer appears to be passing the buck. The Deputy Commissioner Jammu in his report expressed helplessness in arriving at a definite conclusion. In his report he states that there is no Aks Masavi of village Chuwadi available with the revenue authorities. However, the complainant Shashi Thakur contended vehemently that Aks Masavi is very much available with the revenue authorities but they are reluctant to say so for the reasons best known to them.
During the course of arguments Shashi Thakur submitted a copy of the Aks Masavi of village Chuwadi and stated that same has been obtained by her from the Revenue Department itself and upon this the Special Judge Anticorruption Jammu A.K. Koul said that if it is fact then Deputy Commissioner Jammu appears to be lying. The Court further said that again it is pertinent to state that Deputy Commissioner is asking the court for a direction to Settlement Officer to construct the Aks Masavi of Khasra No.887. The court noted with concern that Settlement Officer is subordinate to Deputy Commissioner and instead of asking him to re-construct the Aks Masavi he is seeking the assistance of the Court. Does it not sound strange? Should the court ask the revenue officers to do what they are otherwise obliged to do in a routine manner?The Special Judge Anticorruption Jammu while expressing his displeasure again observed that one is not in a position to understand as to what interest Deputy Commissioner has in not coming out clear about what actually is the position on spot. The court further said that so far as VOJ is concerned, it needs to be pointed out that earlier recommendation was made for registration of FIR by the then enquiry officer under section 5(1) (d) P.C. Act r/w section 120-B RPC but the FIR could not be registered because some query was raised by DDP, VOJ which lead to further protraction of the matter.
While lamenting the role of VOJ the Special Judge Anticorruption Jammu further observed that VOJ is also seeking the help of the court in ascertaining the facts and so is the Deputy Commissioner Jammu doing. Vigilance Organization is sitting over an enquiry but is not in a position to conclude it. This reflects on the working of the system because instead of doing whatever is needful, to conclude the enquiry either way, VOJ appears to be expressing helplessness.After making the aforesaid serious observations with regard to the working of VOJ the Special Judge Anticorruption Jammu observed that given the facts narrated above a copy of the Aks Masavi produced by the complainant in the open court be forwarded to Deputy Commissioner Jammu and he be asked to verify the genuineness of the Masavi and also explain as to why he has not been able to lay his hands on the Aks Masavi when a copy of the same has been issued to the complainant. The court also directed SSP VOJ that he be asked to report as to what the enquiry officer has been doing all along and what the VOJ proposes to do. There can’t be two opinions about the fact that enquiry has to be concluded either way on its merits but why does VOJ feel shy in concluding it at earliest.The court further observed that delay erodes the faith in the system and the court believe VOJ will take up an appropriate action as required under law to be done in the matter and finalize the enquiry within the shortest possible time instead of seeking assistance from the court in concluding the same. Court further directed that a copy of this order be sent to Deputy Commissioner Jammu as well as SSP VOJ for compliance. Chief Prosecuting Officer appeared for VOJ. (CNS)