Court stays SVCs order of impleadment of Passport officer

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Jammu: In a significant order Justice Tashi Rabstan of Jammu Kashmir High Court (Jammu Wing) in a writ petition filed by Rajinder Kumar Gupta the then Passport Officer Jammu presently SSP (Railways) Jammu stayed the operation of order dated February, 19, 2016 passed by J&K State Vigilance Commission to the extent of the impleadment of Rajinder Kumar Gupta the then Passport Officer Jammu in a complaint filed by Sudershan Singh Wazir S/o S. Rajinder Singh Wazir R/o Trikuta Nagar, Jammu. 
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Rajinder Kumar Gupta, Justice Tashi Rabstan issued notices to the J&K State Vigilance Commission, S. Sudershan Singh Wazir (complainant) and Dr. B. Srinivas (IPS) Former IGP CID J&K and presently Chief Security Officer, NTPC, Lodhi Road, New Delhi returnable within four weeks. The Court also issued notices in the Miscellaneous Petition as well and in the meantime till next date before the Bench order impugned dated February, 19, 2016 to the extent of the impleadment of the petitioner Rajinder Kumar Gupta was directed to remain stayed.Advocate S.S. Ahmed appearing for the petitioner submitted that the State Vigilance Commission erroneously and without any jurisdiction entertained the application filed by the complainant S. Sudershan Singh Wazir and without hearing him or putting him to notice allowed the said application and arrayed the petitioner as respondent No.2 and directed him to file the statement of defence when the State Vigilance Commission had no powers to proceed against the petitioner as per Vigilance Commission Act, 2011 who at the relevant point of time was discharging his duties as Passport Officer Jammu on deputation with Ministry of External Affairs, Government of India and the petitioner was admittedly outside the purview and scope of the powers conferred to SVC under J&K Vigilance Commission Act, 2011.
Advocate Ahmed further submitted during the course of arguments that J&K Prevention of Corruption Act Svt. 2006 is not extended to the officers of Central Government/Union of India and for proceeding against the said Officers the only source is the Delhi Special Police Establishment Act, 1946. The CBI constituted under the Delhi Special Police Establishment Act, 1946 can conduct investigations in the State of Jammu and Kashmir and the said Act is applicable to whole of India including Jammu and Kashmir State and by no stretch of imagination the SVC has the jurisdiction to proceed against the petitioner when the SVC has to exercised its power under J&K Prevention of Corruption Act which is not applicable to the petitioner.
After considering the submissions of Advocate S.S. Ahmed appearing for the petitioner, Justice Tashi Rabstan of J&K High Court (Jammu Wing) issued notices to the J&K State Vigilance Commission, S. Sudershan Singh Wazir (complainant) and Dr. B. Srinivas (IPS) Former IGP CID J&K and presently Chief Security Officer, NTPC, Lodhi Road, New Delhi returnable within four weeks. The Court also issued notices in the Miscellaneous Petition as well and in the meantime till next date before the Bench order impugned dated February, 19, 2016 to the extent of the impleadment of the petitioner Rajinder Kumar Gupta was directed to remain stayed. (CNS)

 

 

 

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