MUMBAI: Eleven years after a Sangli based talathi was caught red handed receiving bribe of Rs 250 to transfer names in property related documents, the Bombay high court has upheld his conviction under the Prevention of Corruption Act and has ordered him to complete his 1 year jail term.
Appasaheb Jadhav, talathi of Dafalapur, taluka Jath in Sangli district has been directed to surrender and undergo his remaining jail term up to October 23, 2013.
Justice K U Chandiwal dismissed an appeal filed by Jadhav on August 23 2013. Jadhav, in his appeal filed in HC in 2004 challenged the 1-year prison term. He argued that the sanction to prosecute him granted by a sub divisional officer (SDO) was 'defective'. "For talathi in the State of Maharashtra, Collector is the appointing authority," argued his advocate Nitin Pradhan.
Pradhan also argued that the amount of Rs. 250 'indeed was received by him towards expenses of postal charges, copying and were incurred for issuing notices to the legal representatives of the complainant. He said said the amount asked from the complainant was part of discharging his official duty.
Assistant public prosecutor Vaidehi Mhaispurkar on the other hand told the court that as per a notification issued by the Government of Maharashtra on May 30, 1984, SDO had power to grant sanction against the talathi.
Jadhav was arrested on June 1, 2002 by sleuths of local Anti Corruption Bureau on a complaint of one Ankush Baburao Sankpal. Sankpal had approached Jadhav for mutation of some property documents in name of himself and his siblings. Jadhav asked him to pay a sum of Rs. 500 to get the work done, but he scaled down the demand to Rs. 250. Sankpal then approached the local ACB, which laid a trap and caught Jadhav red handed.
A local Special Court convicted Jadhav under section 13(1) (d) r/w section 13(2) and 7 of the Prevention of Corruption Act, 1988. He was directed to undergo R.I. for one year and pay fine of Rs. 2000 with default clause to suffer imprisonment for 6 months and to pay fine of Rs. 200. Both the sentences were to run concurrently.
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