Jammu and Kashmir administration dismisses prosecuting officer after bribe charge

JAMMU: The Jammu and Kashmir administration on Tuesday dismissed a prosecuting officer for taking a bribe of Rs 2 lakh from an accused for not getting him arrayed as an accused in a murder case in Rajouri district.

As per an order issued by Raj Kumar Goyal, Additional Chief Secretary, Home Department, Aijaz-ul-Hassan, while being posted as senior prosecuting officer in the court of Judicial Magistrate 1st Class, Thanamandi, demanded and accepted Rs 2 lakh as bribe from Moulvi Mushtaq Ahmad resident of Panaid in Kotranka tehsil for helping him in connivance with ASI Mohammad Shabeer, Reader, police station Darhal (associated with the investigation of the case) and not getting him arrayed as an accused in case under Sections 302, 34 and 201 of the IPC.

“The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions contained in J&K Employees (Conduct) Rules, 1971. The said act on the part of the officer tantamount to a violation of Rule 3 of J&K Employees (Conduct) Rules, 1971,” the order states.

The response submitted by the delinquent officer was upon examination found unsatisfactory and accordingly, in terms of Rule 33 of the Jammu and Kashmir Civil Services Rules, 1956, an inquiry was initiated against the delinquent officer vide a government order dated June 16, 2022.

Based on the statements recorded during the course of inquiry it was established that the officer had demanded a bribe.

“Whereas, before issuing notice to Aijaz-ul-Hassan in terms of Rule 34 of Jammu and Kashmir Civil Services (classification, Control and Appeal) Rules, 1956 for imposing the penalty of dismissal from services of the State which ordinarily disqualifies from the future employment, consultations were made with the Jammu and Kashmir Public Service Commission with regard to the penalty decided by the Competent Authority, as stipulated in Article 320 (3)(c) of the Constitution of India,” the order by the Home Department stated.

The response submitted by the delinquent officer along with all the details of the case including details of the consultation with the General Administration Department and the Department of Law, Justice were placed before the authorities.

“The Competent Authority after taking into consideration all the aspects mentioned above, chose not to change the decision of ‘dismissal from service of the State which ordinarily disqualifies for future employment’ upon the delinquent officer” the order read. He has been dismissed on immediate basis.

Case details

Addl Chief Secy, Home Dept, issued an order for the dismissal of Senior Prosecuting Officer Aijaz-ul-Hassan

Aijaz-ul-Hassan, who was posted at Thanamandi, demanded and accepted Rs 2 lakh in bribe from Moulvi Mushtaq Ahmad of Kotranka

Hassan allegedly helped Ahmad in not getting arrayed as an accused in a case of murder registered in 2014

Charges were framed against the officer by the home department and the competent authority held him guilty