The Jammu & Kashmir and Ladakh High Court has directed the Principal District Judge, Ganderbal, to consider initiating criminal proceedings against the former Deputy Commissioner of Ganderbal for submitting a false written statement in a legal dispute over property occupation.
The High Court has sent a copy of the order to the Principal District Judge, Ganderbal, for compliance against the then DC Ganderbal- Shyambir Singh, a 2018-batch IAS officer.
Justice Sanjay Dhar ruled in favour of Abdul Majid Sofi, the owner of a six-storey commercial complex in Ganderbal.
Sofi had leased the building to Central University, Kashmir as a student hostel, but before the lease expired in February 2021, the District Administration of Ganderbal took over the building without his consent in December 2020 to house politically protected persons.
Despite the efforts of the house owner, the administration refused to vacate the premises. Initially, they even denied occupying the building, but later it was proven in court that they had indeed taken it over.
The High Court while hearing the case noted that the Deputy Commissioner Ganderbal , in a civil suit filed a written statement taking a stand that the commercial complex belonging to the petitioner has not been taken over by District Administration, Ganderbal.
It was later found by the Deputy Commissioner, who was appointed by Principal District Judge, that the building was in possession of the District Administration.
Terming the Deputy Commissioner’s misleading statement as serious misconduct, the court stated that public officials are expected to uphold truth and the rule of law.
“This conduct of a responsible officer of the Government is reprehensible and shows that the said officer has no respect for the rule of law,” the High Court order issued on Friday read.
“The officer concerned didn’t think twice before filing a false written statement before the learned trial court to defeat the claim of the petitioner,” it added.
” The Courts generally trust the statements of public officers given by them in their pleadings at their face value as there is a presumption of correctness attached to the pleadings filed by the public officers in the course of their official duties but the present case is a classic example of a public officer filing misleading pleadings before the Court just to defeat the rightful claim of a litigant.
The then Deputy Commissioner, therefore, deserves for criminal proceedings for having filed a false pleading before the learned District Judge, Ganderbal,” the High Court said.
The High Court while asking District Administration to pay rent to the building owner also directed Principal District Judge, Ganderbal, to consider initiating appropriate criminal proceedings against the then Deputy Commissioner, Ganderbal, for having filed a prima facie false written statement before the said Court in the suit filed by the petitioner.
