MCD pulled up for ‘frivolous’ case vs pump owner
BY MPost15 March 2016 11:44 PM GMT
MPost15 March 2016 11:44 PM GMT
A Delhi court has rapped the MCD for launching “frivolous prosecution” against a man, accused of running a petrol pump without a licence since 1961, and ordered an inquiry against erring officials for initiating “motivated” proceedings against him.
The sessions court, which discharged the accused of the offences under the Delhi Municipal Corporation Act, said “it was gross abuse of process of law” by the civic agency, as it sought a compliance report within six weeks and directed that the matter be fixed for Action Taken Report.
The court’s order came in a case in which one Ashok Saran was challaned in 2004 for allegedly running petrol pump since 1961 without a factory licence, following which charges were framed against him under the DMC Act to which he pleaded not guilty and claimed trial.
“The challan/prosecution initiated in this case appears to be gross abuse of process of law for which a cost of Rs 30,000 is imposed upon the MCD, out of which Rs 10,000 be paid to the petitioner as compensation for unnecessarily dragging him into prosecution all these years, remaining Rs 20,000 be deposited by the corporation in the State Exchequer within six weeks,” Special Judge Sanjeev Aggarwal said.
The judge further said, “For launching a frivolous prosecution against petitioner and making him face trial all these years, the Commissioner MCD(North) shall make an inquiry into the matter and shall fix the responsibility of the erring MCD officials for initiating motivated prosecution against him, so that this amount of Rs 20,000 could be recovered from their salaries.”
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