GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 Municipal Administration and Urban Development - Public Servants - Town Planning - Allegation of Corruption of demand and acceptance of bribe of Rs.1500/- against Sri V.Satyanarayana Murthy, Town Planning Supervisor - Tanuku Municipality - Permission - Prosecution Sanction - Orders - Issued.

MUNICIPAL ADMINISTRATION & URBANDEVELOPMENT (B2) DEPARTMENT

 G.O.Ms.No.16.M.A.                           Dated: 10th January, 2000.

O R D E R:

                        WHEREAS Sri Valaval Satyanarayana Murthy, S/o.late Suryanarayana worked as TownPlanning Supervisor, Tanuku Municipality, Tanuku, West Godavari District and as on28.5.1999 he is a public servant within the meaning of Section 2 (c) of Prevention ofCorruption Act, 1988 (central Act 49 of 1988).  Heis due to retire on superannuation on 30.6.2001.

                        AND WHEREAS, Sri Bobbili Narasimha Murthy, S/o.Veera Sudhakara Gandhi is a residentof Tanuku and he eking outl his livelihood as a Licenced Surveyor for drawing buildingplans in tanuku Municipal Area from 1989.

                        AND WHEREAS, it is alleged that on 30.3.1999 Sri.B.Narasimha Murthy filed anapplication for the renewal of his Surveyor licence alongwith a hundred rupee challan inthe Municipal Commissioner’s Office, Tanuku for the renewal ofl his licence for theyear 1999-2000.  When Sri Narasimha Murthyapproached Sri v.Satyanarayana Murthy, Town Planning Supervisor after one month about thedelay of renewal of his Licence Sri Satyanarayana Murthy informed him that he did notsubmit the receipt books for the amounts collected from the parties.   On that Sri Narasimha Murthy replied him that henever produced the receipt bill books in any year for the renewal of licence.  Sri Satyanarayana Murthy,                                                                                                         

TownPlanning Supervisor obtained consent letters from Sri Narasimha Murthy to the effect thatthe bill books will be produced in future.  Evenafter obtaining consent letter from Sri.Narasimha Murthy, Sri Satyanarayana Murthy did notrecommend for the renewal of licence.  SriNarasimha Murthy met Sri Satyhanarayana Murthy, Town Planning Supervisor, Tanuku on22.5.1999 for his licence renewal, Sri Satyanarayana Murthy demanded Rs.2000/- as illegalgratification for recommending to issue proceedings by the Municipal Commissioner, Tanuku.  On 24.5.1999 Sri Narasimha Murthy again met SriSatyanarayana Murthy, Town Planning Supervisor, Tanuku and expressed his inability to paythe demanded bribe and Sri Satyanarayana Murthy reduced his demanded bribe to Rs.1500/-.  Sri.Narasimha Murthy reluctantly agreed to pay thedemanded bribe even though he was unwilling to pay the bribe amount, proceeded to theDeputy Superintendent of Police, Anti-Corruption Bureau, Eluru Office on 27.5.1999 at 9.00A.M.and presented a report in Cr.No.7/ACB-RCT-EWG/99 which was registered on 28.5.1999 at7.00 A.M. by the Deputy Superintendent of Police, Anti-Corruption Bureau, Eluru.

               .AND WHEREAS, on 28.5.1999 at about 12.30 P.M., Sri V.Satyanarayana Murthy, Town PlanningSuperviosr, Tanuku Municipality, Tanuku, West Godavari District was trapped by the DeputySuperintendent of Police, Anti-Corruption Bureau, Eluru when Sri Satyanarayana Murthy,Town Planning Supervisor demanded and accepted the bribe of Rs.1500/- from Sri NarasimhaMurthy at his Office.  When fingers of theboth hands of Sri Satyanarayana Murthy were subjected to chemical tests seperately, teston the left hand fingers proved positive.  Whenasked by the D.S.P., A.C.B., Sri Satyanarayana Murthy produced the tainted amount from hisshirt pocket and the serial numbers of the tainted amount produced were found tallied withthe serial numbers of the currency notes noted during pre-trap proceedings.  The inner linings of the shirt pocket ofSri.Satyanarayana Murthy when subjected to chemical test also proved positive.  The D.S.P., seized the tainted amount, the shirtof Sri.Satyanarayana Murthy and certain other documents, records etc., and furtherinvestigated into.                 

                       AND WHEREAS, the above acts of Sri.V.Satyanarayana Murthy, Town PlanningSupervisor, Tanuku Municipality, West Godavari District constitute offences punishableunder sections 7 and Sub-Section 2 of Section 13 read-with Sub-Clause (i) and (ii) ofClause (d) of Sub-Section 1 of Section 13 of Prevention of Corruption Act, 1988 (CentralAct, 49 of 1988).

                         AND WHEREAS, the Government of AndhraPradesh being the competent authority to remove the said Sri V.satyanarayana Murthy, TownPlanning Supervisor, Tanuku, West Godavari District from the Government service afterfully and carefully examining the material placed before them (i.e. Final report, Copy ofthe FIR, Mediators Report, Gist of witnesses etc.,) in respect of the aforesaid allegationand having regard to the circumstances of the case, consider that the said SriV.Satyanarayana Murthy, Town Planning Supervisor, Tanuku Municipality, Tanuku, WestGodavari District should be prosecuted in a court of law for the aforesaid offences.

                        NOW THEREFORE, in exercise of the powers conferred by Clause (b) of Sub-Section (1)of Section 19 of the Prevention of Corruption Act, 1988 (Central Act 49 of 1988) read withSection 197 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), theGovernment of Andhra Pradesh hereby accord sanction for the prosecution of the said SriV.Satyanarayana Murthy, Town Planning Supervisor, Tanuku Municipality, Tanuku, WestGodavari District for the above said offences punishable under sections 7 and Sub-Section2 of Section 13 read with Clause (d) of Sub-Section 1 of Section 13 of Prevention ofCorruption                                                                      

                       Act, 1988 (Central Act 49 of 1988) and for any other cognate offences punishableunder any other provisions of law for taking cognizance of the said offences by a court ofcompetent jurisdiction.

( BY ORDER IN THENAME OF THE GOVERNOR OF ANDHRA PRADESH)

                                                        N.S.HARIHARAN

                                         PRINCIPAL SECRETARY TO GOVERNMENT.

To

TheDirector General, Anti-Corruption Bureau, Hyderabad.

Copyto:-

The Secretary,A.P.Vigilance Commission, Hyderabad.

The Director ofTown and Country Planning, Hyderabad

 

//FORWARDED:: BY ORDER//

                                               SECTION OFFICER.