Public Servant Corruption - The Legal Chamber

The Supreme Court partially allowed the appeal, upholding charges under Sections 409 (criminal breach of trust) and 468 IPC (forgery for cheating) against the appellant, a PWD engineer, for allegedly manipulating tender documents. However, it quashed charges under Section 13(1)(d) of the PC Act, holding no evidence of 'criminal misconduct' or pecuniary advantage. The Court clarified that discharge pleas require examining only prima facie evidence in the chargesheet, without assessing credibility at this stage. The ruling reaffirms the distinction between procedural irregularities and corrupt intent under anti-corruption laws Facts Of The Case: The case involved K.H. Kamaladini, an Executive Engineer in Goa's Public Works Department, accused of manipulating 19 short tender notices for 847...

The Supreme Court upheld the conviction under Section 109 IPC read with Sections 13(1)(e) & 13(2) of the Prevention of Corruption Act, 1988, ruling that a non-public servant (appellant) can abet the offence of possessing disproportionate assets by aiding a public servant (her husband). Relying on P. Nallammal (1999), the Court held that concealing illicit assets in the appellant’s name constituted intentional aid under Section 107 IPC, irrespective of marital status. The 2018 amendment to Section 12 of the PC Act (explicitly punishing abetment) was noted, though the offence was abettable even prior. The judgment reaffirms that abetment charges apply when a person facilitates the concealment of disproportionate wealth. Facts Of The Case: The case involves P. Shanthi Pugazhenthi, an As...

Tag: Public Servant Corruption

Tender Scam Verdict: Supreme Court Explains Difference Between Forgery & Corruption in Govt Tenders

Public Servant’s Spouse Can Be Convicted for Aiding Corruption: Supreme Court Upholds Conviction in Corruption Case: Prevention of Corruption Act, 1988