Prevention of corruption act
ashwin
(Querist) 15 December 2015
This query is : Resolved
My friend was working as an Education officer in a district of Maharashtra. When he joined there by direct recruitment, he found that a private institution has by conspiracy obtained approval of 10 teachers to be recruited in that institution by doing duplicate signatures of the earlier Edu. Officer. Such approvals were banned by state govt due to financial burden. so my friend lodged an FIR with the police.
Since then the head of that institution(say Mr A.) tried in all ways to remove my friend from his office. As a part of this, he revoked his friend Mr.Nagmode to complaint to the Dist. Anti Corruption Bureau.
Mr.Nagmode falsely & intentionally complained Dist. Anti Corruption Bureau that 'I being a chairman of XYZ SOCIETY, I have applied to the office of Dist. Education Officer (my friend) to give a NO OBJECTION CERTIFICATE to run a CBSE affiliated school and for this I have requested four to five times to Dist. Education Officer (my friend)to issue the same.But the Dist. Education Officer (my friend)has demanded Rs one lakh as a bribe for this.'
As a consequence, the Dist. Anti Corruption Bureau
arranged a trap on Saturday around 19.30 p.m. for verification in which my friend did not asked to pay any bribe. Moreover he told that i have not read your file,and the next day being holiday, he will read it and take decision on Monday.
So again when my friend was busy in his urgent work on Monday, again the Dist. Anti Corruption Bureau arranged a trap in which the complainant Mr.Nagmode induced my friend to take Rs. One lakh. and if possible lessen the amount.This time my friend , as it seems from FIR, agreed to take Rs. 50 or 60 thousand whichever he (complainant)gives.
Thus an FIR was lodged with my friend in this connection.
But the very important thing is that -
1) Issuing of NO OBJECTION CERTIFICATE is not within the powers of Dist Education Officer and these powers are vested in the Secretary of SCHOOL EDUCATION DEPARTMENT.
2) It is the by rule of the state to apply directly to SCHOOL EDUCATION DEPARTMENT for obtaining NO OBJECTION CERTIFICATE.
3)No school/ institute can run a CBSE syllabus or obtain NO OBJECTION CERTIFICATE without having a state recognised school.
4) mr. Nagmode(complainant) do not have a recognised school and his application is wothless in my frinds office.
5) There is a frequency of phone calls between Mr. Nagmode and Mr. A above.
Can the FIR registered u/s 7,13 of Prevention of corruption act 1988 against my friend be quashed ?
Plz provide citations of Supreme court/ High court judgements if possible.
thank you. waiting eagerly .
Thanks a lot Sudhir Sir,Goyal Sir.
But I wants to add that
1) Mr.Nagmode complained to AC BUREAU that he needs NOC from My friend (DEO)
2) My friend has not signed this file / also not given NOC .
3) The bribe was accepted through(rather given to) another person office Superintendent (who argued that the amount was forcefully inserted by Mr Nagmode in his pocket)and there is no complaint about this person.My friend never told to give bribe to this person.
my friend is innocent.and is in depression.
plz answer this query so that FIR against my friend be quashes as early possible or to face the trial.
4)AND after arrest my friend argued that this issue do not fall under my juris-diction. Don't involve me in this case. This time the AC Bureau officials rejected this plea and revised there complaint as - My friend demanded rs 60 thousand for sending this proposal to Deputy Director of the region.(which is by rule not possible.)
5) proceedings written by clerk, Superintendent and Deputy Education officer in the said file were against the rule .It seems that clerk and Deputy Education officer were involved in conspiracy against my friend.
6) till today this proposal is in the EO's office. AC Bureau can not help Mr. Nagmode to get his NOC as it can not be given by rule.and off-course Mr Nagmode does not want to receive it.
7)AC Bureau officials did not use Govt witnesses. they were never present with the complainant.But they have signed all documents as if they were present with the complainant Mr. Nagmode.
8) FIR is as per sec 7,12,13(1)(d) r/w 13(2). both My friend and accepter were arrested and released within 24 hours on bail.
Sudhir Kumar, Advocate
(Expert) 15 December 2015
you said
"Mr.Nagmode induced my friend to take Rs. One lakh. and if possible lessen the amount.This time my friend , as it seems from FIR, agreed to take Rs. 50 or 60 thousand whichever he (complainant)gives.
Thus an FIR was lodged with my friend in this connection."
All other facts are irrelevant. Your friend may have been rightly arrested.
If not arrested he is unduly favoured by ACB.
Sudhir Kumar, Advocate
(Expert) 15 December 2015
1) Issuing of NO OBJECTION CERTIFICATE is not within the powers of Dist Education Officer and these powers are vested in the Secretary of SCHOOL EDUCATION DEPARTMENT.
BUT STILL DEO ACCEPTED BRIBE.
Sudhir Kumar, Advocate
(Expert) 15 December 2015
2) It is the by rule of the state to apply directly to SCHOOL EDUCATION DEPARTMENT for obtaining NO OBJECTION CERTIFICATE.
BUT IT IS DEO ACCEPTED BRIBE FOR THE SAME
Sudhir Kumar, Advocate
(Expert) 15 December 2015
3)No school/ institute can run a CBSE syllabus or obtain NO OBJECTION CERTIFICATE without having a state recognised school.
NOT RELEVANT.
Sudhir Kumar, Advocate
(Expert) 15 December 2015
4) mr. Nagmode(complainant) do not have a recognised school and his application is wothless in my frinds office.
BUT STILL DEO ACCEPTED BRIBE FROM HIM WITHOUT HAVING SEEN THE FILE WHETHER IT IS WORTHLESS OR WORTHFUL.
Sudhir Kumar, Advocate
(Expert) 15 December 2015
5) There is a frequency of phone calls between Mr. Nagmode and Mr. A above.
Can the FIR registered u/s 7,13 of Prevention of corruption act 1988 against my friend be quashed ?
GIVEN FACTS DO NOT SHOW ANY SUCH GROUND. THESE PHONE CALL AT TIMES MAKE GOOD EVIDENCE.
R.K Nanda
(Expert) 15 December 2015
query too long.
Rajendra K Goyal
(Expert) 15 December 2015
Consult some good lawyer after showing all documents. Your friend has to be defended in the proceedings on merits. At this stage, no use of discussing all these.
kavksatyanarayana
(Expert) 15 December 2015
I sincerely agree with the discussion by Mr. Sudhir Kumar Sir.
Sudhir Kumar, Advocate
(Expert) 16 December 2015
you said
"Mr.Nagmode induced my friend to take Rs. One lakh. and if possible lessen the amount.This time my friend "
WHAT DOES THIS PROVE?
IT PROVES THAT YOUR FRIEND WAS ADAMANT IN GETTING RS 1 LAKH AND AGREED FOR PART PAYMENT AT THE TIME OF TRAP.
Sudhir Kumar, Advocate
(Expert) 16 December 2015
"verification in which my friend did not asked to pay any bribe. Moreover he told that i have not read your file,and the next day being holiday, he will read it and take decision on Monday. "
BUT HE HAS LATER ACCEPTED THE BRIBE.
FACTS GIVEN BY YOU INDICATE THAT HE WILL NOT EVEN SEE THE FILE UNLESS BRIBED.
Sudhir Kumar, Advocate
(Expert) 16 December 2015
Had your fried not accepted the money the there were sufficient material for Mr Nagmore to be framed in series of criminal charges.
Now the material facts available in evidence are :-
(i) Mr Nagmore applied for some NOC.
(ii) your friend was not competent to do the job.
(iii) he did not advise him to apply to appropriate authority.
(iv) He did not even see the file.
(v) Nagmore offered him bribe.
(vi) He accepted the bribe
This evidence is enough for conviction.
P. Venu
(Expert) 16 December 2015
What is the truth of the matter? Did your friend demand and take the amount?
ashwin
(Querist) 17 December 2015
Thanks a lot Sudhir Sir,Goyal Sir.
But I wants to add that
1) Mr.Nagmode complained to AC BUREAU that he needs NOC from My friend (DEO)
2) My friend has not signed this file / also not given NOC .
3) The bribe was accepted through(rather given to) another person office Superintendent (who argued that the amount was forcefully inserted by Mr Nagmode in his pocket)and there is no complaint about this person.My friend never told to give bribe to this person.
my friend is innocent.and is in depression.
plz answer this query so that FIR against my friend be quashes as early possible or to face the trial.
4)AND after arrest my friend argued that this issue do not fall under my juris-diction. Don't involve me in this case. This time the AC Bureau officials rejected this plea and revised there complaint as - My friend demanded rs 60 thousand for sending this proposal to Deputy Director of the region.(which is by rule not possible.)
5) proceedings written by clerk, Superintendent and Deputy Education officer in the said file were against the rule .It seems that clerk and Deputy Education officer were involved in conspiracy against my friend.
6) till today this proposal is in the EO's office. AC Bureau can not help Mr. Nagmode to get his NOC as it can not be given by rule.and off-course Mr Nagmode does not want to receive it.
7)AC Bureau officials did not use Govt witnesses. they were never present with the complainant.But they have signed all documents as if they were present with the complainant Mr. Nagmode.
8) FIR is as per sec 7,12,13(1)(d) r/w 13(2). both My friend and accepter were arrested and released within 24 hours on bail.
Advocate. Arunagiri
(Expert) 17 December 2015
All the PC Act cases has to prove
Demand
Acceptance
Seizure.
If the Police fails to prove any one of the above they will loose the case.
You have not given clear details regarding the above.
Sudhir Kumar, Advocate
(Expert) 17 December 2015
now y6ou are intimating that bribe was accepted through 3rd person and that he was arrested as well.
what prevented you from giving full facts of the case in the beginning.
Are you interested to take test of the experts?
Please reveal any more facts hidden.
Guest
(Expert) 17 December 2015
FIR cannot be quashed.
By the way, for what purpose do you want citations of Supreme court/ High court judgements?
ashwin
(Querist) 18 December 2015
Sir wants citations of Supreme court/ High court judgements to check whether this FIR can be quashed or not?
Sudhir Sir, I am very sorry that I did not gave full details earlier.
Now only the last detail is that my friend had given some representations in writing that since this is a conspiracy against him, the sanction for prosecution be not given. As a consequence Govt started an inquiry to check whether the the written representation given by my friend is correct or not?-which revealed that the proceedings on the said file were unnecessary.
but because of the tremendous pressure Govt gave permission to prosecute my friend along with the aceptor of the bribe.
All Respected Sirs ,
I request you to read the whole story once again and give an advice that will help my friend to come out of this trial.
Waiting eagerly
Sudhir Kumar, Advocate
(Expert) 21 December 2015
whether you like it or not.
Facts given by you do not indicate the case to be false.
every so called conspiracy would have failed had he not accepted the bribe.
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
The case has been registered, hence it can be challenged with the merits in your side during trial alone. Even a quash petition may not be entertained by high court on such cases.
Any citation or reference to the settled law and be useful only during the time of argument, first of all let the trial go on, defend the cases properly and on that basis of the status of proceedings that took place, you may search for the citations or settled law.
