In this post, we will discuss about the case where the CBI court awarded 4 year jail to the former IT official, Mr. Nitin Garg.
Facts of the case: Nitin Garg, a former IT officer was convicted for committing offences punishable under Sections 7 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption (PC) Act, 1988. The case dates back to 2016, when the Central Bureau of Investigation (CBI, ACB), Chandigarh, registered an FIR under PC Act, following a complaint by Parshotam Kumar Goyal. Goyal, who trades in TMT Bars, alleged that Nitin Garg, the then deputy commissioner of Income Tax of Sirsa Circle, was demanding ₹2 lakh for not imposing heavy penalties on his proprietorship firm. Following this, a trap was laid, and Garg was arrested from his hometown in Bathinda. In the courtroom, Garg, who was under trial over five years, pleaded that he is not a previous convict and is suffering from a heart ailment.
Legal Issue: Nitin Garg, a former IT officer was convicted for committing offences punishable under Sections 7 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption (PC) Act, 1988.
Decision of CBI court: The public prosecutor KP Singh argued that it is the need of the hour to give exemplary punishment to public servants found indulging in corrupt practices. The special Judge of CBI stated that it is the duty of the court that any anti-corruption law has to be interpreted and worked out in such a fashion so as to strengthen the fight against corruption. By comparing corruption with cancer, the judge stated that if cancer is not detected in time, it is sure to afflict every walk of life, leading to disastrous consequences. Similarly corruption is a plague, which is not only contagious but if not controlled, spreads like fire in the jungle. He further stated that punishment is designed to reform the offender and reclaim him as a law-abiding citizen for the society as a whole; therefore any softness in this regard could produce an undesirable result, namely, encouragement to adoption of corrupt means by public servants, which has indeed to be checked.
Conclusion: Therefore, by observing everything, it is concluded that the former IT officer, Nitin Garg, was sentenced to four years in prison and told to pay a fine of ₹3 lakh.
For case specific advice on Anti corruption criminal lawyers high court advocate in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
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