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KARNATAKA LOKAYUKTA No. COMPT/UPLOK/BCD-118/2002-03
Multi Storied Building,
Dr.B.R.Ambedkar Veedhi,
Bangalore, Dt:9.9.2002 REPORT
UNDER SEC.12(3) OF THE KARNATAKA LOKAYUKTA ACT, 1984
Sub:- Suo-Motu investigation made regarding the corrupt activities
indulged by the Sub-Registrars and their personnel of the office of the
Sub-Registrar, Bangalore South, Bangalore. - - - -
When on 10.5.2002, Lokayukta Police informed Lokayukta of the corrupt
activity carried on by the Sub-Registrars and their personnel in the office of
the Sub-Registrar, Bangalore South, situated in BDA Complex, Koramangala,
Bangalore, he had to issue a Warrant of Search and Seizure, authorising the
Lokayukta Police to effect the needed search and seizure, in his determined
effort to make a beginning in ending the corruption, in well entrenched
Sub-Registrars' offices by the Sub-Registrars and their personnel.
Investigation done by Lokayukta in pursuance of the said search and
seizure effected by the Lokayukta Police, since warrants the giving by him of a
Report thereon to the Government under Sec.12(3) of the Karnataka Lokayukta Act,
1984 (the Act) by delineating the ISSUES, arising for his consideration, his
FINDINGS on such issues and his RECOMMENDATIONS thereon, that Report shall
contain the following:- 2.
I S S U E S (1)
Was the Lokayukta Police, by its Search made on 10.5.2002, in Bangalore
South Sub-Registrar's office, pursuant to Search Warrant obtained from
Lokayukta, able to find and seize any bribe money from that office or from the
persons found in that office? (2)
Were the bribe money found in the office of the Sub-Registrar, Bangalore
South and the nature of activities carried on in that office, by the
Sub-Registrars, their personnel, the volunteers and agents, on 10.5.2002,
establish that the Sub-Registrars and their personnel in that office, were not
discharging their functions without bribe money received or receivable for such
functions. (3)
Could the Sub-Registrars and/or their personnel in the office of the
Sub-Registrar, Bangalore South, or any of them be held liable for not
discharging their functions without bribe money received or receivable by them. FINDINGS
3.
Re-Issue
No.1: Issue
No.1 being, was the Lokayukta Police, by its Search made on 10.5.2002, in
Bangalore South Sub-Registrar's office, pursuant to Search Warrant obtained from
Lokayukta, able to find and seize any bribe money from that office or from the
persons found in that office shall be considered now. 4.
Ext.C.1
is the Mahazar got drawn by Shri.B.A.Joyappa, Deputy Superintendent of Police,
on what all he
found and did in Bangalore South Sub-Registrar's office, on 10.5.2002, pursuant
to Warrant of Search and Seizure – Ext.C.3, obtained by him from Lokayukta.
Shri. N.Venkatachalapathy, Second Division Assistant of Regional
Transport Office in Koramangala and Shri.D.Premakumar, Second Division Assistant
in the office of the Asst. Executive Engineer of Bangalore Development Authority
in Koramangala who are the witnesses for that Mahazar – Ex.C.3 have spoken to
the truth and correctness of the contents of the Mahazar, when examined by
Lokayukta on oath as CW.4 and CW.5, respectively. Shri.N.Venkatachalapathy who
has spoken to the truth and contents of the Mahazar has signed it at the bottom
of each page of that Mahazar, at Ext.C.1(a), Ext.C.1(aa), Ext.C.1(aaa),
Ext.C.1(aaaa) and Ext.C.1(aaaaa). CW.5 –Shri.D.Premakumar, another Mahazar
witness has signed at the bottom of each page of that Mahazar at Ext.C.1(b),
Ext.C.1(bb), Ext.C.1(bbb), Ext.C.1(bbbb) and Ext.C.1(bbbbb), affirming the truth
and correctness of that Mahazar . In
the course of their evidence, both of them have stated in unequivocal terms that
all the contents of the Mahazar Ext.C.1 are true and correct and the Mahazar was
signed by them being present at the time of the drawing up of that mahazar and
after a thorough understanding of its contents. They have also stated that they
have signed the Search Warrant – Ext.C.3, at Ext.C.3(a) and Ext.C.3(b)
respectively, being aware of the purpose for which the Search Warrant had been
issued by Lokayukta. 5.
As could
be seen from the Mahazar- Ext.C.1, a
sum of Rs.3,500/- had been found on searching the person of Shri.Nagaraj, and
had to be seized by C.W.3. Deputy
Superintendent of Lokayukta Police, since changing versions given by him for
possessing that money made him to think that, that sum was bribe money brought
or collected for payment in that office. A
sum of Rs.11,300/- found on the person of Shri.Basavaraj, had to be similarly
seized as bribe money by the Lokayukta Police, as he also went on changing his
version as to the purpose for which it was kept with him.
A sum of Rs.1,400/- found on searching the person of Shri.Srinivas, had
to be seized by the Lokayukta Police, as bribe money for similar reason. A sum
of Rs.2,500/- found on the person of Shri.Suresh, had to be
seized by the Lokayukta Police, as bribe money since the reasons given
for having that money with him was not quite satisfactory.
A sum of Rs.2000/- found on the person of Shri.Vasanth
had to be seized by the Lokayukta Police, as bribe money since no
discernable answer was given by him for having that money with him. A sum of
Rs.120/- found on the person of Shri.Sridhar, had also to be seized by the
Lokayukta Police, since no discernable answer was given by him for having that
money with him. 6.
As is
seen from the Mahazar, apart from the bribe money found on the persons of
Volunteers and agents as many as 108 Bank Notes of different denominations of
the total value of Rs.15,550/- was found scattered all over the floor of the
office of the Sub-Registrar, the same being the thrown away bribe money by the
Sub-Registrars and their personnel, had been seized by the Lokayukta Police, as
bribe money, in as much as, none of them made any claim as their legitimate
money. As is also seen from the
Mahazar, that Smt. M.L.Kamala, Shri.Gangadharaiah and Sri.B.C.Manjunath, the
Sub-Registrars were not able to explain the shortages in the moneys, which
should have been collected by them, the same being Rs.5/-, Rs.338/- and Rs.85/-
respectively. 7.
One
Shri.Nagaraj, who claims to be an Agent for persons (Real Estate Agents) who had
to get their documents regularly registered with the Sub-Registrar’s office,
Bangalore South and who had also to get for them Registration copies of the
documents or Encumbrance
Certificates from that office on payments of bribe amounts to the Sub-Registrars
or their Personnel and who was present at the time of drawing up of the Mahazar
– Ext.C.1 got drawn in the office of the Sub-Registrar, Bangalore South, has
on oath spoken to the truth of the contents of the Mahazar Ex.C.1 before the
Lokayukta, as CW.2. Indeed, Shri.B.A.Joyappa, Deputy Superintendent of Police
who got the Mahazar –Ext.C.1, drawn up has, when examined before Lokayukta as
CW.3 spoken to the contents of the
Mahazar in its entirety and the Mahazar being prepared in the presence of CW.4,
CW.5 and CW.2. 8.
Some of the said monies got from the persons of the Agents and
Volunteers, in the Sub-Registrars’ office of Bangalore South, which could not
be accounted for by them satisfactorily and the remaining money, comprised of as
many as 108 bank notes of different denominations, found in the office of the
Sub-Registrar, Bangalore south, where the Sub-Registrars and their personnel
were working, would clearly establish that all that money must be nothing but,
the bribe money, which was either with the Sub-Registrars or their Personnel
before the same was thrown away by them or bribe money kept with the agents or
volunteers for being given to the Sub-Registrars or their personnel in the
office of the Sub-Registrars of Bangalore South except a sum of Rs.3,500/- which
was claimed by Shri.Nagaraj, CW.2 as that, which was with him for getting the
mortgage deed of one Shri.Halappa, registered.
Hence the finding of the Lokayukta on this Issue has to be in the
affirmative and to the effect that Rs.31,070/- found in the office of the
Sub-Registrar, Bangalore South and seized by Lokayukta Police on 10.5.2002, was
bribe money, in its entirety. 9.
Re-
Issue No.2: Issue No.2 being,
were the bribe money found in the office of the Sub-Registrar, Bangalore
South and the nature of activities carried on in that office, by the
Sub-Registrars, their personnel, the volunteers and agents, on 10.5.2002,
establish that the Sub-Registrars and their personnel in that office, were not
discharging their functions without bribe-money, received or receivable for such
functions, shall be considered now. 10.
Shri. Suresh, who is examined by Lokayukta on oath as CW.1 was a
Volunteer working in Bangalore South Sub-Registrars office for the
four years prior to 10.5.2002. He
was one of those Volunteers with whom Rs.2,500/- was found by the Lokayukta
Police, on 10th May 2002, and seized by Lokayukta Police as bribe-money while
executing the search warrant – Ext.C.3. According
to him, he was a Volunteer engaged by the Sub-Registrars in that office to
entertain the Public, who wanted from the Sub-Registars office Encumbrance
Certificates, Registration copies and obtaining signatures of Sub-Registrars Smt.
Kamalamma, Shri.Gagadharaiah and Shri.Manjunath for such documents.
Further, according to him, if the public wanted the copies to be given on
the date they were applied for by the public, they had to give him bribe-money
of Rs.400/- to Rs.500/- and if they were ready to receive them a day or two days
or three to five days later, the bribe amount payable in to his hands, for the
purpose, varied from Rs.500/- to Rs.50/-, depending upon the urgency or
otherwise of the persons who wanted to get delivery of such copies.
He has said that all that money to be collected by him was not the money
payable by the public to the Government for obtaining the copies applied for by
them, implying that all that money was bribe-money.
He has also said that the money that was collected by him was to be
distributed among the staff members in that office, where he was working as
Volunteer, except a sum of Rs.100/- which he used to give to the person who was
taking the Government remittances to the Reserve Bank of India.
He has further said that the amount which he used to collect had to be
shared among Smt.Kamalamma, Shri.Gangadharaiah, Shri.Manjunath, Sub-Registrars,
Shri.Suresh, FDA, Shri.Ramegowda, SDA, Smt.Shakuntalamma, SDA, Shri.Papashetty,
SDA, Shri.Araluramma, SDA. He has
said that on 10.5.2002 at about 3.45 p.m., when Lokayukta Police and other
officers came to the Sub-Registrars office, Bangalore South, the officers and
other personnel there, threw away the bribe amounts, which was with them, across
the office and the same was seized by the Lokayukta Police.
He has not minced words in stating that Shri.Vasanth, Shri.Sridhar,
Shri.Srinivas, Shri.Basavaraj, Shri.Nagaraj, and himself were the persons, who
had to place the money with them on the tables of the office and it was that
money which the Police had seized as bribe-money with them. He explained that
the money which he and other Volunteers used to hand over to Shri.Papashetty,
SDA and that Papashetty was dividing the money among the volunteers and members
of the staff, the higher the grade of the official, higher was the share of
bribe amount to be received by him/her. He
refers in his evidence to the documents which were registered by the
Sub-Registrars, after they were given to them for registration by the Brokers,
Real Estate Agents, Sub-Registrars. He
also tells that bribe money was collected by Sub-Registrars from them at the end
of the day, and the Sub-Registrars used to share some part of such money with
the FDAs, SDAs and Group 'D' Employees. According
to him, the brokers, who used to pay money for registration of documents were
more or less permanent visitors to the Sub-Registrars office.
Further, according to him, these Agents used to come to the office of the
Sub-Registrar after 5.30 p.m. when the rush in the office used to come down. He
and others, who were working as Volunteers, but were not getting any amount by
way of salary, the money left with the volunteers after payment to the
Sub-Registrars and their staff members, used to be shared among themselves
(Volunteers and Agents). It is of significance to note that the bribe money seized
from him while was Rs.2,500/- he says that he had with him only Rs.1,100/-. 11.
Shri.C.Nagaraj,
who is examined on oath by Lokayukta as CW.2 is a B.A. degree holder.
He has ultimately settled down to get documents registered from
Sub-Registrars office, Bangalore South and get registration copies and
Encumbrance Certificates from that office for his principals,
who were acquainted with him, while he was working as an Insurance Agent,
earlier. He says that he was making
the parties, whose documents he was getting registered in the Sub-Registrars
office, pay the needed bribe money to the Sub-Registrars concerned directly,
for, he was asking the Sub-Registrars not to take heavy bribe money from his
Principals. He says that, the
people who used to visit the said Sub-Registrars office for getting their
documents registered had to pay bribe money.
He further says that he was paying bribe-money for Encumbrance
Certificates, to Encumbrance Section Head clerk, who was a Muslim, his name
being Shri. Jaffar. He also says
that, when Lokayukta Police entered the Sub-Registrar’s office on 10.5.2002,
the Sub-Registrars and members of their staff, when realized that Lokayukta
police had entered the office, they threw away the bribe money with them, across
the floor of the office and that money in denominal notes was collected and
seized by the Lokayukta Police later, as bribe-money.
According to him, collection of bribe money in the Sub-Registrar office,
had become a matter of office routine and the officers/personnel were habituated
in taking bribe-money. 12.
Besides,
Shri.N.Venkatachalapathy (CW.4) and Shri.D.Prema-kumar (CW.5), who were taken by
Shri. B.A.Joyappa, Dy. Superintendent of Police (CW.3) to become the mahazar
witnesses at the time of drawing up of the mahazar, have said in the course of
their evidence that before entering the said Sub-Registrars office, when they
watched the activities of the Sub-Registrars, their staff members, and movement
of volunteers and agents in that office, for some time before entering that
office, they found all of them had been engaged in bribe giving and bribe taking
activity without any botheration, as if they were carrying on such activity, as
of right. 13.
Thus, the
whole evidence adverted to herein before when is seen, it becomes clear that the
bribe money found and seized in the office of the Sub-Registrar, Bangalore South
and the nature of activities carried on in that office by the Sub-Registrars,
and their personnel with the aid of the volunteers and agents, present there,
clearly establish that the Sub-Registrars, their personnel working in that
office, were not discharging their functions without bribe-money received or
receivable, for such functions and therefore, the finding on Issue No.2, is in
the affirmative. 14.
Re- Issue No.3: Issue No.3 being, could
the Sub-Registrars and/or their personnel in the office of the Sub-Registrar,
Bangalore South, or any of them be held liable for not discharging their
functions without bribe money received or receivable by them, shall be
considered now. 15.
When the
evidence, which is adverted to in dealing with Issue No.2, above, is seen it
cannot leave any one in doubt that the Sub-Registrars and their personnel in the
office of the Sub-Registrar, Bangalore South had not been discharging their
functions without bribe – money received or receivable.
The evidence given by CW.2, CW.3, CW.4 and CW.5 with reference to
Exhibits C.1 and C.3 and their oral evidence given on oath before Lokayukta and
adverted to in dealing with issues above make it clear, that the office of the
Sub-Registrar, Bangalore South had been made a den of corruption by the
Sub-Registrars and their personnel, who are the following: (1)
Smt. M.L.
Kamala, Sub-Registrar, Bangalore South (2)
Shri.Gangadharaiah,
Sub-Registrar, Bangalore South, (3)
Shri.B.C.Manjunath,
Sub-Registrar, Bangalore South, (4)
Shri. Suresh, FDA, Office of the Sub-Registrar, Bangalore South, (5)
Shri. Ramegowda, SDA, Office of the Sub-Registrar, Bangalore South (6)
Smt.Shakunthalamma, SDA, Office of the sub-Registrar, Bangalore South, (7)
Shri. Papashetty, SDA, Office of the Sub-Registrar, Bangalore South, (8)
Smt. Araluramma, SDA, Office of the Sub-Registrar, Bangalore South, (9)
Shri.Jaffar, Head Clerk in Encumbrance Section, Office of the
Sub-Registrar, Bangalore South, (10)
Shri. Ramanna, Group ‘D’ employee, Office of the Sub-Registrar,
Bangalore South. 16.
All the
Sub-Registrars and their personnel in the office of the Sub-Registrar of
Bangalore South who were Government Servants (Public servants) had in the course
of discharge of their duties as public servants had abused their positions to
obtain gains or favours to themselves; were in the course of discharge of that
function actuated by personal interest, improper motive and corrupt motive; were
guilty of corruption and lack of integrity in the performance of their functions
and had also failed to act in accordance the norms of conduct and integrity
which was expected of them, while discharging their functions in different
official capacities. 17.
Hence the
finding on Issue No.3 shall be in affirmative and to the effect that the
Sub-Registrars and/or their personnel in the office of the Sub-Registrar,
Bangalore South are liable for not discharging their functions, without bribe
money received or receivable by them, apart from being actuated in discharge of
their functions by personal interest and improper motive and corrupt motive and
not acting in accordance with the norms of conduct and integrity expected of
them in discharge of their official functions. RECOMMENDATIONS 18.
Under the
Act, a public servant including Government servant, when has abused his official
position as such public servant to obtain any gain or favour to himself; or to
any other persons, is actuated by personal interest or improper or corrupt
motive, while discharging his functions as a public servant, or is guilty of
corruption or lack of integrity in discharge of his functions as such public
servant or has failed to act in accordance with the norms of conduct which ought
to be followed by a public servant of the class to which he belongs, such public
servant becomes liable for
disciplinary action, as also, becomes liable to vacate the public post or office
held by him. Under Issue No.3, when
the Government servants working in the office of the Sub-Registrar, Bangalore
South, namely:- (1)
Smt. M.L.
Kamala, Sub-Registrar, Bangalore South (2)
Shri.Gangadharaiah,
Sub-Registrar, Bangalore South, (3)
Shri.B.C.Manjunath,
Sub-Registrar, Bangalore South, (4)
Shri. Suresh, FDA, Office of the Sub-Registrar, Bangalore South, (5)
Shri. Ramegowda, SDA, Office of the Sub-Registrar, Bangalore South (6)
Smt.Shakunthalamma, SDA, Office of the sub-Registrar, Bangalore South, (7)
Shri. Papashetty, SDA, Office of the Sub-Registrar, Bangalore South, (8)
Smt. Araluramma, SDA, Office of the Sub-Registrar, Bangalore South, (9)
Shri.Jaffar, Head Clerk in Encumbrance Section, Office of the
Sub-Registrar, Bangalore South, (10)
Shri. Ramanna, Group ‘D’ employee, Office of the Sub-Registrar,
Bangalore South. are
found prima facie guilty of the said acts of abuse of power, corruption, gross
misconduct, etc, not only
disciplinary action is required to be taken against all of them jointly and
severally, but also they have to be made to vacate the offices/posts held by
them. Hence, the Lokayukta
recommends to Government (Competent Authority) accordingly. 19.
It has to be noted that, if such disciplinary action and other actions
have to be taken against the said Government servants, the Government would be
required to refer the cases to Lokayukta or Upalokayukta for holding appropriate
enquiry, as provided for in Rule 14-A of the Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957.
Hence, appropriate order has to be made immediately by the Government
(Competent Authority), in this regard, so that the Government may get rid of
corrupt officers and officials, from someof its
Departments, which are notoriously known to be indulging in corruption,
and cleanse them for greater public good. (N.VENKATACHALA)
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