STATE OF MAHARASHTRA Vs. PADMAKAR BANSIDHAR HAZARE

JUDGEMENT

(1.) This Revision Petition is preferred by the State against order of discharge rendered by Special Judge, Ahmednagar, in Special Case No.1/2005, whereby and whereunder Respondent came to be discharged for offences punishable U/ss 7, 13(2) and Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The Respondent was charge-sheeted in Special Case No.1/2005 on the allegation that he demanded illegal gratification from complainant - Dr.Nandurkar for himself and accused No.1 Mr.Barbole. It is alleged that a trap was laid on 14.2.2003. The Respondent allegedly accepted tainted currency notes of Rs.4,000/-, including amount of Rs.2,000/- for himself and that of Rs.2,000/- for accused No.1 - Mr.Barbole.

(3.) The Respondent is class-III employee of Maharashtra Pollution Control Board being the Field Officer. Original accused No.1 Mr.Barbole is the Deputy Regional Officer of the Maharashtra Pollution Control Board, Ahmednagar. Complainant Dr.Nandurkar runs a Small Scale Unit in MIDC area, Ahmednagar, under name and style as "M/s Ganesh Printing and Packing Industries". He use to get "No Objection Certificate" from the Maharashtra Pollution Control Board each year as required under the Industrial Laws. He urged to issue such certificate for which illegal gratification was demanded to him by the concerned clerical staff member as per the previous practice, rather in suggestive manner. He, therefore, lodged a report with the Anti Corruption Bureau, Ahmednagar. A pre-trap panchanama was drawn.