Mumbai:The Anti Corruption Bureau Mumbai acting as postman and transfer corruption complaints to parent department . Is Civil authorities have right to register FIR? The ACB has to see that offence is cognizable or not as per SC Lalita Kumari order. As per amended PC act 1988 there is no restriction to register FIR. ACB can do preliminary inquiry as the corrupt employee has not protection under section 17A . It is not part of his duty to do corruption.
An RTI activist Kamlakar Shenoy got information about corruption cases transferred to other civil department without any provision of law. Police cannot transfer any complaint to civil authority where a request of FIR is made out. Police can only reject complaint as no offence made out or issue NC to bring permission of court.
Date; 1.5.23
189-184-178/ DG-ACB/almost every officer in ACB is committing
offence u/s 166(a)(b) IPC/
4500 crores fraud ACB folder and file
To,
Addl CP, ACB Mumbai
unit
Cc
1.
DG-ACB
2.
Addl DG-ACB
3.
Chief secretary
4.
Addl Chief secretary
Sub: agenda of the
subject to be discussed in meeting dt. 2.5.23 at 4 pm
Reg: working of ACB
department which demolished the importance of mandatory provisions of CRPC and
destroys the spirit and purpose of prosecution.
1. I am alert senior citizen aged 65 years, working with several other alert citizens for better working and to provide better working conditions to the officers of ACB depat. Our intention to meet your office is to educate the junior officers and motivate them to work honestly and to discharge their duty diligently.
2. We feel there is need of interaction between the alert citizens and investigating officers along with Senior most officers to have better co-ordination between citizens and police officers. Hence, request the presence of young officers during the meeting.
3. The following issued shall be discussed ( not to find faults ) to enable your department to work more efficiently amongst others
i. Forwarding of complaints disclosing cognizable offence to HPC and other departments.
ii. Violation of section 154, 156(2) 157 CRPC by not registering FIR in IPC offences.
iii.
Chart of complaints forwarded by
ACB ( refer chart E & J)
|
Year |
Total complaints
forwarded |
MHADA |
SRA/ HPC/ GRC |
BMC |
ANY OTHER DEPT |
|
2016 |
671 |
35 |
40 |
180 |
416 |
|
2017 |
2279 |
45 |
137 |
760 |
1337 |
|
2018 |
1974 |
47 |
108 |
565
(6) |
1254
(6) |
|
2019 |
1808 |
53
(5) |
158
(1) |
433
(43) |
10581
(40) |
|
2020 |
1112 |
34 |
63 |
349
(22) |
666
(9) |
|
2021 |
1846 |
112 |
90 |
646
(51) |
998
(11) |
|
2022 |
1914 |
116
(5) |
98 |
665
(47) |
1035
(05) |
|
TOTAL |
11604 ( 246) |
442 |
694 (1) |
3598 (169) |
16287 (71) REPLIED |
a. Present
status of the 11604 complaints forwarded
iv.
Chart
disclosing complaint received, forwarded, discreet and open enquiries
|
Year |
Complaint received Chart D |
Complaint forwarded Chart E |
Discreet enquiries Chart
F |
Present status of
discreet enquiry |
Open enquiry ( F) |
Present status of
open enquiry |
FIR reg. (H) |
Undisposed complaints
|
Diff |
|
2015 |
|
|
132 |
1 |
12 |
0 |
Not given |
|
|
|
2016 |
949 |
671 |
60 |
2 |
43 |
8 |
|
278 |
+60 |
|
2017 |
3343 |
2279 |
79 |
3 |
15 |
8 |
|
1064 |
-81 |
|
2018 |
2869 |
1974 |
50 |
4 |
8 |
3 |
|
895 |
+50 |
|
2019 |
2608 |
1808 |
29 |
2 |
63 |
50 |
|
800 |
+ 29 |
|
2020 |
1713 |
1112 |
19 |
2 |
26 |
22 |
|
1672 |
+1090 |
|
2021 |
3466 |
1846 |
14 |
8 |
79 |
69 |
|
1620 |
+14 |
|
2022 |
3978 |
1914 |
14 |
13 |
32 |
32 |
|
2064 |
+14 |
|
Total |
18926 |
11604 |
397 |
35 |
278 |
192 |
|
8393 |
+1468 |
a. Present status of 397 discreet 278 Open enquiries and copies of intimation of outcome of enquiry sent to complainant
b. Present status of 35discreet + 192 open enquiries
c. Status of 8393 complaints not forwarded to other departments
d. CRPC section to carry out enquires for months and years.
e. Total FIR registered in this period.
v. SOP to be followed by ACB from receipt of complaint till the registration of FIR or the complainant is informed that no offence is disclosed.
vi. SOP followed after the complaints are forwarded to other department along with copy of reminders sent to other departments.
vii. Sections and provision of law relied upon to seek advice and opinion form other departments of the accused before registration of FIR.
viii. SOP to be followed when complaints are received against
i. Officers of rank up to ACP
ii. Officers of the rank up to Addl CP
iii. Officers of rank above Addl CP
iv. Three levels of submission for taking final decision on complaints against above officers Regulation 9(2) delay in discharge of duty act 2005.
ix. depriving the complainant their fundamental right to prosecute the public servant by
i. not registering FIR in IPC offences (refer section 156(2) CRPC). Section 154, 156(2), 157 CRPC and Lalitkumar judgement, GOI circular 5.2.14
ii. indefinitely waiting for sanction even after lapse of the stipulated period and SC judgements in SubramaniumSwamy v/s ManMohan Singh and Vineet Jain v/s state of UP that if no reply is received in 90 days it shall be termed as deemed sanction.
x. For not maintaining complaint register as per GR 17.6.2016 and consequential action as mentioned in the GR.( copy Attached)