Former BSNL General Manager convicted in Corruption Case

In this post we will read into a 2004 case regarding the bribery of an BSNL General manager, for which he recently got a punishment of 4yr jail and one lakh fine. Also we will read into the provisions and punishment for bribery under PREVENTION OF CORRUPTION ACT, 1988.

A CORRUPT PUBLIC SERVANT IS THE WORST VIOLATOR OF CONSTITUTION OF INDIA.

In this post we will read into a 2004 case regarding the bribery of an BSNL General manager, for which he recently got a punishment of 4yr jail and one lakh fine. Also we will read into the provisions and punishment for bribery under PREVENTION OF CORRUPTION ACT, 1988.

BSNL general manager gets 4-yr RI for accepting bribe of ₹25,000.

The special CBI court, Panchkula, awarded a four-year jail term to the then Bharat Sanchar Nigam Limited (BSNL, Rohtak) general manager Chandra Shekhar for accepting a bribe of ₹25,000 to approve a tender in 2004.

FACTS

It was Alleged that Chandra Shekhar had sought a bribe from his firm, Hare Krishna Hare Rama, Gurgaon, for approving tenders for the laying of underground cables in Tosham and Kalanaur area of Haryana, complainant, Shiv Raj Khatana, had approached the CBI. A trap was laid and on June 3, 2004, the CBI had caught the BSNL official red-handed while accepting a bribe of ₹25,000.

Another case of disproportionate assets was registered against him after ₹45 lakh more was recovered from his house.

The BSNL official pleaded for leniency, stating that he has never been convicted before and that his wife has cancer and is bed-ridden because of a fracture in the foot.

However, special public prosecutor Jitender Kumar argued for maximum punishment.

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LEGAL OPINION

The judge observed: “No doubt corruption is a menace to the society and this menace is eating into the vitals of our society. In fact, it is the most serious internal threat to our nation.”

 “The tentacles of corruption have spread far and wide and moral values amongst public servants have touched nadir. A corrupt public servant is the worst violator of the constitution of India. Corruption by public servants not only upsets the balance of society, but also works against aspirations of the people of India.”

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LEGAL PROVISION INVOLVED.

He has been convicted under Sections 7, 13(1) (D) with 13 (2) of the Prevention of Corruption Act, 1988.

Section 7 of  prevention of Corruption Act says : Public servant taking gratification other than legal remuneration in respect of an official act.—Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.

Section13 (1) (d) says if a person

• by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or

Can be punished under

Section 13 (2): Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

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CONCLUSION .

Now he has been currently posted as deputy director general in the Union department of telecommunications in New Delhi. He got punished for accepting bribe when he was in the post of general manager of Bharat Sanchar Nigam Limited (BSNL, Rohtak).

The judge awarded rigorous imprisonment of four years and fine of ₹1 lakh.

Corruption being the main obstacle of our country to reach its all goals of development, it cannot be excused for any reason. It is strictly punishable under PREVENTION OF CORRUPTION ACT, 1988.

This post is written by Revathi Balakrishnan

For case specific advice, one may contact Anti Corruption Advocate Lawyers Legal Attorneys of Chandigarh Panchkula Mohali.

More on 99888-17966.