Embezzlement!
- The Head Assistant, (accountant) helps for tax evasion.
- Joint Director skulks information when sought by Departmental Financial Wing.
jj correspondent
Jammu, May 07: “Embezzlement refers to a form of white-collar crime in which a person or entity intentionally misappropriates the assets entrusted to them. In this type of fraud, the embezzler attains the assets lawfully and has the right to possess them but the assets are then used for unintended purposes. Embezzlement is a breach of the fiduciary responsibilities placed upon a person. The embezzler has permission to handle an asset in a certain way but not to take it. Embezzlers can be held civilly and criminally responsible for their crimes.”
In Skill Development Department, of JK UT, in a case titled ” Re-fixation of pension of Late Sh. Muneer Ahmad Shah”, whereunder the applicant seeks arrears/benefits under Govt. Order No. 111 of Edu (Tech) of 2007 dated 02-08-2007, Under Secretary to Govt. Department of Skill Development, writes to Director, SDD, that in terms of Circular No. 41-Jk ( GAD ) of 2021, dated 06-10-2021 and prospective nature of Govt. Order No. 111- Edu (Tech) of 2007 dated 02-08-2007 the claim of the applicant is devoid of merits and can’t be considered. It is issued under No. DSD-ITI/2/2021-02, dated 09-12-2021.
Master Circular issued under No. FD-Code/70/ 2021-03-1130, Dated 17-11-2021 says at para 5 that time barred claims of the government employees shall be settled by the departments in terms of instructions issued by the GAD vide Circular No. 41-JK ( GAD ) of 2021 dated 06-10-2021. A time barred claim shall be paid with the express sanction of the Govt. issued with the previous consent of the Finance Department.
Here the claim, if any, as the govt. denies it vide letter quoted above, pertains to August, 2007 and arrears are drawn in March 2019, by the Joint Director, Kashmir, in Skill Development Department, after 11 years without sending the case to Financial Wing of the Department, commonly known as Accounts Section, perhaps, in order to hoodwink the Director even. And Govt Order No.111 Edu (Tech) of August, 2007 quoted above in the letter by Under Secretary is clearly of prospective nature as there is no mention of any retrospective date in the order.
In light of these Govt. Orders it can be deduced with rhyme and reason that the said Joint Director is himself a DDO and while misusing his power and position he draws an amount of Rs 7,40505 from concerned treasury under TV No. 21 in March, 2019. This is gross violation of Master Circular issued by the government regarding the matter and more than that a misinterpretation of Govt Order No 111 regarding its prospective nature. The matter is considered to be of more serious nature as the Joint Director is a provincial head of whole Kashmir Valley and all the ITIs are working under his subordination. In addition to that one Masood Ahmed Sheikh was working as Head. Assistant in his office and was writing bills as an accountant is said to be an aide of the Joint Director and helped him in tax evasion of the amount drawn illegally. The source says that he made a swap for this deal to make his promotion for the post of SO conveniently possible from the side of the JD as his DDO.
However, when wife of late Mr Muneer Ahmad Shah, ex JD, applied for Re-fixation of pension of her late husband, seeking benefits of the order No 111 another development occurs and proves a much repeated old saying, “choor ki dadee mein tinka,” a guilty conscience pricks the mind. When the Financial Wing of the Department issues a letter to the JD, Jammu/Srinagar, Kashmir to furnish details of the officers who have drawn arrears/benefits of Govt. Order No.111 of 2007 the information sought was delayed and avoided by JD Kashmir, purposefully. The first letter was issued on 31-12-2020 under No DSD/201/Accts/1771-73. The second one was issued on 25-01-2021under No DSD/101/201/Accts/1961-63. The third letter was issued on 02-02-2021 under No DSD/101/201/2011-13 and the fourth letter was issued on 07-03-2021 under No DSD/201/Accts/2196-99 and the JDs were requested to provide the list of the officers who have drawn arrears/ benefits of the Govt. Order No. 111 Edu (Tech) of 2007 dated 02-08-2007 retrospectively as per the format showing a) name of the counterparts/officers drawn arrears on this account. b) Govt. Order mentioning retrospective effect. c) amount drawn along with date of drawl of arrears including TV No. Further it is written in the letter that the required information is still awaited. The same may be furnished within 3 days. But JD Kashmir does not prove accountable enough to reveal the information.
The source further informs that like Farooq Ahmad, Joint Director, other officers of the department have drawn the arrears/benefits of Order No. 111 without seeking permission from the Departmental Financial Wing and through them the Adm. Department itself. When those at helm of affairs indulge in such frauds what will be the position of the subordinates. Isn’t it breach of trust more than misuse of official position for one’s own interests? Director Skill Development Department is posed this question and hope he will not fail to meet a promise and an expectation, as a custodian of the state exchequer on behalf of the government. Recovery from the officers is secondary to unveil the circumstances that made the Financial Wing to put the matter under carpet just after issuing a few letters and the Joint Director a chance to hoodwink the Director, even.
