Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 - s.13(2) rlw. s.JJ(l)(d) - Criminal misconduct by a public servant - Prosecution case that appellant-the then Chairperson and Chief Executive Officer of NOIDA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 - s.13(2) rlw. s.JJ(l)(d)- Criminal misconduct by a public servant - Prosecution case that appellant-the then Chairperson and Chief Executive Officer of NOIDA (New Okhla Industrial Development Authority) had abused her position while committing grave irregularities in the matters of allotments and conversions of land in NOIDA :. Held: The Prosecution has successfully proved that the appellant abused her position as a public servant to benefit herself and her kith and kin- She not only made a mockery of rules and regulations of NO/DA,but also abused her position by completely neglecting her duties -Appellant herself bypassed the Rules and Regulations of NO/DAby submitting ante-dated, half-filled applications for seeking allotment of plots and by not paying the total amount payable in.lieu of the allotment - Evidence on record shows revision of layout plan was carried out under the direction of the appellant to enhance the area of her plot without following the norms of consulting the Engineering Department, which was mandatory as per rules - Thesaid change layout plan not only benefited the appellant in manifold ways but also caused huge financial loss to NOIDA - That apart,appellant also secured allotment of two shops for her two daughters and then obtained residential plots in the name of her two major,dependent daughters, by completely defying the rules and regulations - The daughters of the appellant were not even engaged in filing their applications as their signatures were missing from applications made on their behalf. seeking allotment, conversion etc. - Thus, appellant is guilty of obtaining valuable thing for herself and her daughters by abusing her position as a public servant.Sentence/Sentencing - Prevention of Corruption Act, 1988 -s.13(2) rlw. s.J3(l)(d) - Prosecution case that appellant committed the offence of criminal misconduct by abusing her position as public servant, being CCEO of NO/DA in the matter of allotment of shops as well as plots in the names of her daughters who were dependent on her and as well as in the matter of allotment of residential plot in her favour after closure of scheme and getting it converted with a larger plot in the most developed sector of NO/DA - High Court Affirmed the conviction of appellant u/s.13(2) rlw. s.13(J)(d) of the Act and sentenced her to undergo rigorous imprisonment for period of three years and fine of Rs.1,00,0001- - Held: The occurrence, was of the year 1994 - Appellant undergoing sentence from 14.03.2016 - Husband of appellant filed affidavit stating that the appellant surrendered her plot with building constructed in December, 2013 and physically handed over the plot along with construction to NO/DA authority - Appellant further submitted that ·she will not make any claim for refund -1,n instant case, the sentence of imprisonment of three years imposed on the appellant reduced to two years.Code of Criminal Procedure, 1973 - s. 427 - Appellant Convicted in two different cases - One for abusing the official position in getting the plots to herself and her daughters and making irregular changes in the site plan and the other for abusing her position as CEO, NO/DA by conspiring with another person in allotting plot to him - In the first case, appellant convicted u/s.13(2)rlw. s.13(1)(d) of the P.C. Act and sentenced to R.I. for three years and fine of Rs.1,00,0001- with default clause - lri the second case;convicted u!s.1208 and s.13(2) r/w. s.13(J)(d) of the P.C. Act and sentenced to R.l. for three years with a fine of Rs.50,0001- and similar imprisonment for conviction u/s.1208 !PC ~ Appellant Pleaded that the sentence of imprisonment imposed upon her in the two cases may be ordered to run concurrently - Held: The sentencing Court has the discretion to direct concurrency - The investiture of such discretion presupposes that it will be exercised on sound principles and not on whims~ In the Cr.P.C., there are no guidelines for specific provisions to suggest under what circumstances the various sentences of imprisonment shall be directed to run concurrently or consecutively - Instant case is one covered u/s.427Cr.P. C. - In facts and circumstances of the case, it is not justifiable to direct concurrency of sentence - Any unprincipled exercise of judicial discretion and casual direction regarding concurrency would go against the express provisions of the PC Act and the Cr.PC. -Prevention of Corruption Act, 1988 -ss.13(l)(d), 13(2).Prevention of Corruption - Kinds of corruption - Nepotism -Deprecated by the Court. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 698 |
Petitioner | Neera Yadav |
Respondent | Central Bureau Of Investigaton |
SCR | [2017] 8 S.C.R. 498 |
Judgement Date | 2017-08-02 |
Case Number | 253 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |