Jammu: J&K government Thursday dismissed Waseem Ahmad Qureshi, Prosecuting Officer, Prosecution Department from government services with immediate effect.
The officer, who was already under suspension, has been dismissed from service in terms of Rule 30(viii) of J&K Civil Services (Classification, Control and Appeal) Rules, 1956, which will also disqualify him from future employment.
An order issued by Financial Commissioner (Additional Chief Secretary) J&K Home Department Raj Kumar Goyal, said that delinquent officer was asked to furnish his response to the charge-sheet vide Memorandum No Home-Pros/31/2022-08-Home dated July 8, 2022, served to him within twenty-one days.
As per the charge-sheet, Qureshi, who was then Assistant Public Prosecutor in the Court of Judicial Magistrate, Ukhral while on his way to Rajouri on May 4, 2020 was found to be in possession of 8 gms of contraband substance by a police party of Rajouri Police. A case FIR No. 230/2020 u/s 8(a), 21/29 of NDPS Act, 1985 was registered in Police Station, Rajouri. The officer had acted in a manner unbecoming of a public servant and also failed to maintain absolute integrity thus violating Rule 3(l)(i) and (iii) of J&K Government EmpIoyees (Conduct) Rules, 1971. Again, Qureshi, Prosecuting Officer (under suspension) was arrested on February 10, 2022 by Jammu Police for his alleged involvement in a case FIR No. 18/2022 u/s 8/12/22/25/29 of NDPS Act registered in Police Station, Nowabad for possession of contraband substance, violating same rule.
After his suspension vide Government Order No. 119-Home of 2020 dated May 29, 2020, he failed to report in the office Deputy Director, Prosecution Ramban, where he was attached, w.e.f. October 17, 2021.
“The action of the officer of not obeying the orders of the authorities is in Rule 3(l)(i) and (iii) of J&K Government Employees (Conduct) Rules, 1971. Vide communication dated August 26, 2022, the delinquent officer submitted his response to the charge-sheet. However, 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 (Classification, Control & Appeal) Rules, 1956, an inquiry was initiated against the delinquent officer, vide Government Order No. 371-Home of 2022 dated October 13, 2022,” the order mentioned.
“The Inquiry Officer appointed in terms of G.O ibid in his report submitted to the Government, vide No. DFSL/PS/Inquiry Report/2022/356 dated October 31, 2022, established the Articles of charge framed against the delinquent officer,” it further read.
The Inquiry Officer in his findings recorded that the in view of the narrations, oral and written submission made by the charged officer, legal position, FSL reports, statement of wife of the charged officer and the preponderance of probability, the charges of violating Rule 3 (1) (i) & (iii) of the J&K Employees (Conduct) Rules, 1971 were established.
The report of the inquiry along with all other relevant details were placed before the competent authority for consideration and decision. The competent authority, approved the report submitted by the Inquiry Officer and directed imposition of a penalty, provided in Rule 30(viii) of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, upon the delinquent officer, which is dismissal from service of the State which ordinarily disqualifies from future employment.
“Pursuant to the decision of the Competent Authority and before imposing the penalty on the delinquent officer, a show cause notice dated December 23, 2022, in terms of Rule 34 of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 along with the summary of the proceedings of the Inquiry was served upon the delinquent officer, giving him an opportunity to show cause, within a period of 15 days from the date of service of the notice, as to why the penalty be not imposed on him. Instead of responding to the show cause notice, the delinquent officer vide his reply dated January 10, 2023, inter-alia, stated that he should be given more time to respond to the show cause notice,” the order mentioned.