Why ACB Acting As Postman In Corruption Case ? Not Doing Preliminary Enquiry On Complaints

 

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)

With regards