NIT ex-Suptd Engineer Waswani acquitted of corruption charge

Special Court has acquitted Nanak Waswani, ex-Superintendent Engineer, Nagpur Improvement Trust (NIT), in one of the case of Prevention of Corruption Act relating to inaction in sanctioning building plan of a prominent business house of city. Judge S S Deshpande ruled acquittal of Waswani under charge of Sec 13 (1) (d) R/w sec. 13 (2) of The Prevention of Corruption Act.

 

 

Allegation against Waswani was that he had abused his official position by deliberately keeping the proposed sanction file of building plan pending that allowed the applicant to take advantage. The firm was M/s Haldirams who constructed a building as department neither allowed nor rejected the proposed plan within a stipulated period of time frame, it was termed as deemed sanction.

 

Prosecution based its story on the open inquiry conducted against Waswani in respect of misuse of his official position. They attributed mala fide intention to delay in approving the building plan as it benefited the firm. The building plan was submitted by Indrayani Buty, and subsequently construction was carried out by M/s Haldirams on Abhayankar Road, Sitabuldi.

 

The prosecution examined 15 witnesses in an attempt to prove allegation of corruption against Waswani. The defence during cross examination brought out discrepancy and first and foremost that said sanction file was pending with Waswani.

 

Representating Waswani, Advocate Prakash Naidu also pointed out through admission from witnessed that former was not duty bound to allow or reject the alleged sanction plan. It was also placed on record that a writ petition filed by Mrs Buty was dismissed by the Nagpur Bench of Bombay High Court in 1989 itself. Inspite of that Land Acquisition officer did not initiate any action and allowed the acquisition proceedings to lapse.

 

Similarly, in cross examination the witnesses admitted that map submitted by Agrawal, acting as a power of Attorney holder for Mrs. Buty, was not in compliance with the rules and regulations of NIT. They also admitted that Junior Engineers should have scrutinised these facts and rejected the plan on account of discrepancies.

 

Adv Naidu argued that Waswani was made a scapegoat by those interested in tarnishing his position and had successfully roped him in a false and fabricated inquiry, which resulted in Waswani facing unwarranted prosecution.

Taking into consideration the documents, the evidence on record and the arguments advanced, the Special Court concluded Waswani had no role in causing deliberate delay with regards to the alleged building sanction plan. The prosecution was also not able to prove the alleged charges that were slapped against him and acquitted him honourably.

 

Adv Prakash Naidu was assisted by Adv Pankaj Thakre, Rahul Rathe, Homesh Chavhan, Surabhi Godbole, Mitesh Bais while Advocate Vasant Narsapurkar represented the State.