JUDGMENT

1) By this common order, afore-titled two revision petitions filed against order dated 29.01.2022 passed by learned Special Judge, Anticorruption, Kashmir Srinagar, whereby applications of the petitioners for defreezing of their bank accounts have been declined, are proposed to be disposed of.

2) Petitioners Kaiser Ahmad Sheikh and Bashir Ahmad War happen to be the employees of Jammu and Kashmir Projects Construction Corporation (hereinafter referred to as JKPCC). Petitioner Ishrat Ara happen to be the wife of petitioner Kaiser Ahmad Sheikh whereas petitioner Neelofar Jan happens to be the wife of petitioner Bashir Ahmad War.

3) It appears that Crime Branch, Kashmir, was asked to enquire into all works executed or contracted out by JKPCC after issuance of Government Order No.308/201.5 dated 21-11-2015, so as to identify irregularities in award of contracts in violation of prescribed SOP/ procedure and take necessary action under law. It is submitted by the respondent that a Preliminary Enquiry vide No 51/2019 was registered and initiated. During the enquiry it was revealed that Officers/Officials of JKPCC unit 3rdSrinagar by abusing their official position with ulterior motive executed (36) thirty- Six works illegally on nomination basis in violation of Govt order No 308 of 2015 dated 21-11-2015. It was found that these works were split into 1412 work components to bring the works within the competence of the unit head (Deputy General Manager, DGM) in utter disregard to existent financial rules, whereafter these works were allotted without inviting tenders. This was allowed by Supervisory Officers concerned, General Manager and the Managing Director of the Corporation, by release of funds without Technical Sanction, Administrative Approval and Overlooking the Invitation of Competition. The enquiry further revealed that an amount of Rs.43914.8 lacs was projected as rough cost for these works without framing proper DPR/estimates and bills of quantities, in disregard and violation to laid down rules and procedures. This, according to the verification, has caused loss to the State Exchequer.

4) During the course of the probe, the photostat copies of records were obtained from the concerned department and were examined. During the probe physical inspection of one work namely Govt. College of Engineering and Technology(GCET), Safapora, was conducted as test check by engineering experts, which revealed that the concerned Officers/Officials of Unit 3rdhave wilfully and with ulterior motives caused a loss to the tune of Rs.62,21,258/= to the State Exchequer. This loss has been found on account of 'exorbitant, unsubstantiated and arbitrary rates shown in the records by the concerned officers/officials of the said unit for providing & laying of Khakbajri and procurement of water,

5) Further probe revealed that an amount of Rs.11257000/= has been found paid to one Sheikh Zubair Aslam S/o Sheikh Mohammad Aslam R/o116-Barari Nambal A/P Nishat and his father and uncle in the year 2017 who worked as piece workers. This amount has been found to have been paid in advance and later on, the same was got adjusted against the works found executed mostly on account of providing materials like marble/Granite and iron etc. However, Rs.11.00 lacs still stand unrecovered from the said piece worker. This clearly indicates favouritism and violation of set rules and regulations as there is no provision whereby Advance Payment in favour any pieceworker is allowed. The higher officers of JKPCC have also maintained criminal silence over the matter. The justification given by the DGM in this regard is not plausible and justified and is against the facts as existing on ground. The said DGM has obtained an affidavit from the concerned pieceworker and later on released payment in advance to the said pieceworker in utter violation of the set procedure. This amount has been shown debited against works namely District Hospital Ganderbal and construction of Distr