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No power misuse case against civil servants, says Bombay high court

The Bombay high court on Tuesday observed that, prima facie, no case of misuse of power and irregularities is made out against government officials in the first and only case registered against public servants by the Anti Corruption Bureau.

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The Bombay high court on Tuesday observed that, prima facie, no case of misuse of power and irregularities is made out against government officials in the first and only case registered against public servants by the Anti Corruption Bureau (ACB).

The Bombay high court has also directed the department to file its final report before the court concerned at the earliest.

The ACB had on February 11, 2010, registered its first case against 32 persons, including police officers, personnel from the BMC, Mhada, and a deputy registrar of the cooperative department, acting on the complaint of Sanjay Mangeshkar.

A slab of the Tilaknagar Akshay Cooperative Housing Society had fallen in 2005. After a survey, the BMC had issued a notice to the society to either vacate or re-develop the building.

Accordingly the society had finalised a private builder for redevelopment when Mangeshkar, atenant, moved the high court, claiming irregularities.

He had alleged that the society members, in connivance with officials, had supplied forged documents to the various departments and were granted a no objection certificate for redevelopment of the building.

Mangeshkar then wrote to the ACB. Acting on his complaint, an FIR was registered.

This was the first case by the ACB after the high court in 2009 stayed the state government notification directing the ACB to forward any misuse of power by public servant complaints it receives to the departments concerned.

ACB sources said, “After going through the evidence, there is no case to be made against the public servants and thus we might have to file a closure report.”

Mhada advocate GW Mattos said, “There is no role of the government officials in the case and if at all there is any involvement, it is of the officer bearers of the society. The court has also prima facie agreed to it and thus directed the concerned ACB official to file his report early.”

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