Govt sacks Assistant Prosecuting Officer from service

Jammu and Kashmir government on Thursday sacked an Assistant Prosecuting Officer from service, three years after eight gram contraband substance was recovered from his possession in Rajouri.

An order issued in this regard, a copy of which lies with the news reads that Waseem Ahmed Qureshi, the then Assistant Public Prosecutor in the Court of Judicial Magistrate, Ukhral while on his way to Rajouri on 04-05-2020 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 has acted in a manner unbecoming of a public servant and has also failed to maintain absolute integrity thus violating Rule 3(1)(i) and (iii) of J&K Government Employees(Conduct) Rules, 1971, Waseem Ahmed Qureshi, Prosecuting Officer (under suspension) was arrested on 10.02.2022 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. The Officer has acted in a manner, unbecoming of a public servant and has also failed to maintain absolute integrity thus violating Rule 3(1)(i) and (iii) of J&K Government Employees (Conduct) Rules, 1971 and his after his suspension vide Government Order No. 119- Home of 2020 dated 29.05.2020, failed to report in the office Deputy Director, Prosecution Ramban, where he was attached, w.e.f. 17.10.2021. The action of the Officer of not obeying the orders of the authorities is in Rule 3(1)(i) and (iii) of J&K Government Employees (Conduct) Rules, 1971,” it added.

Accordingly, in terms of Rule 33 of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, the government ordered an inquiry. “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.”

Pursuant to the decision of the Competent Authority and before imposing the penalty on Qureshi, a show cause notice dated 23 December 2022 alongwith the summary of the proceedings of the Inquiry was served upon Qureshi, giving him an opportunity to show cause, within a period of 15 days, as to why the penalty be not imposed on him, it reads.

“Instead of responding to the show cause notice, the delinquent officer vide his reply dated 10.01.2023, inter-alia, stated that he should be given more time to respond to the show cause notice,” it further reads.

“The reply submitted by the delinquent officer was examined in consultation with the DG, Prisons, J&K and it was observed that the delinquent officer was attempting to evade the penalty by narrating misleading facts,” the order said, adding, “It was further observed that the facts narrated in the reply had already been considered by the Inquiry Officer and the delinquent officer had failed to give any cogent reason, warranting consideration for imposing a lesser penalty.”

“The reply given by the delinquent officer alongwith all the details were again placed before the Competent Authority and the Competent Authority chose not to change the decision of imposing the penalty of ‘dismissal from service of the State which ordinarily disqualifies from future employment’ upon the delinquent officer.” The order reads.

“Now, therefore, in terms of Rule 30(viii) of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, Shri Waseem Ahmed Qureshi, Prosecuting Officer is dismissed from service, with immediate effect, which will also disqualify him from future employment,” it added.