Departmental inquiry against JKPS officer closed
Jammu, May 23: J&K Home department has closed the departmental inquiry initiated, in terms of Rule 33 of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, against senior Jammu and Kashmir Police Service (JKPS) officer, Mohan Lal.
The inquiry was initiated against SSP Mohan Lal, presently SO to ADGP, Railways J&K, when he was Additional Superintendent of Police, Katra, as he failed to “appear as a prosecution witness” in the trials of a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station, Katra.
On August 27, 2023, in terms of Rule 33 of J&K Civil Services (Classification, Control and Appeal), Rules, 1956, the competent authority had approved initiation of departmental proceedings against Mohan Lal, the then Additional Superintendent of Police, Katra, on recommendation of Director General of Police, J&K, for his “failure to appear as a prosecution witness in the trials of the case FIR No 54/2013, registered u/s 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station, Katra, despite repeated summons by the court, leading to the acquittal of the accused.”
Articles of Charge along with the statement of imputations and other connected documents, vide memorandum bearing No Home-PG/120/2021(CC13444) dated September 18, 2023, were served upon Mohan Lal, the then ASP, Katra, for submitting a written statement of defence within a period of 21 days.
However, the officer, in his written statement of defence dated October 9, 2023, refuted the charges levelled against him and requested for providing an opportunity of being heard in person. He was heard in person on November 23, 2023, by the Financial Commissioner (Additional Chief Secretary), Home Department. Besides, the officer also submitted a written statement in this regard on the same day.
On examination of the reply or written statement of defence submitted by Mohan Lal, the then ASP, Katra, it was observed that the charged officer had received only two notices regarding hearings on March 20, 2018 and July 28, 2018, to which he had appropriately responded to and he did not receive the notices or dockets from the concerned Prosecuting Officer, as per the proceedings of the trial court, for the subsequent hearings between August 25, 2018 to December 15, 2018 in the court.
Further, it was observed that there was no mention of the charged officer in any of the subsequent hearings asking him to appear before the trial court.
“SSP Mohan Lal responded to the notices issued to him to appear before the trial court when his name was mentioned in the communications received from the concerned Public Prosecutor. However, in the subsequent proceedings, the charged officer was not called or summoned to appear before the trial court, and therefore, any misconduct on his part, leading to the acquittal of the accused could not be established. Accordingly it was observed that the charges framed against him may be dropped and department inquiry initiated against him needs to be closed,” Home department observed.
The matter was then referred to the General Administration Department for approval of the competent authority for closure of the departmental inquiry initiated against SSP.
GAD, vide U.O No.GAD-VIGORDA/123/2023-02-GAD (C.No.7358429) dated March 18, 2024, conveyed approval of the competent authority, to the recommendations of the Home department for closure of departmental inquiry initiated against SSP. The Home department was also advised to take further necessary action in the matter, accordingly.
