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Wednesday, August 17, 2022

ACB accused of dragging feet in disproportionate assets case against ruling MLA Pandurang Madkaikar

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Adv. Aires Rodrigues has accused the ACB (Anti- Corruption Branch) of shielding Cumbarjua MLA Pandurang Maadaikar in the disproportionate assets case by not registering an F.I.R despite having been directed to do so by the Goa Lokayukta.

 

Pointing out that the Goa Lokayukta in his 15th September order had directed the ACB to register an F.I.R in the disproportionate assets case filed against Pandurang Madkaikar, Adv. Aires Rodrigues has stated that despite almost seven weeks having elapsed the F.I.R has not been registered in rank disobedience to the directive issued by the Lokayukta. Adv. Rodrigues has stated that the SP of ACB Serafin Dias is taking no action as the accused is his local MLA.

The former Goa Lokayukta Justice P.K. Misra while censuring then Chief Minister Manohar Parrikar and former Chief Secretary Dharmendra Sharma besides then SP of ACB Priyanka Kashyap for their mishandling of the case against Pandurang Madkaikar, had in his order observed that Manohar Parrikar and the ACB had shirked and shied away from their responsibility by not registering an F.I.R and nott conducting an investigation against Pandurang Madkaikar.

 

While directing the  Chief Secretary and the ACB to register an F.I.R  in the disproportionate assets case filed by Adv. Aires Rodrigues against Pandurang Madkaikar, the Lokayukta in his 15 page order also observed that the then Chief Secretary Dharmendra Sharma and the ex SP of ACB Priyanka Kashyap had entirely failed in discharging their duty in accordance with law.

 

Stating that appropriate punishment was required to be imposed on SP Priyanka Kashyap, the Lokayukta directed that Suo Motu proceedings be initiated against Priyanka Kashyap for gross dereliction of duty.

 

After holding a preliminary inquiry into the complaint filed by Adv. Aires Rodrigues, the Lokayukta in his order on 17th September last year held that reasonable grounds exist for conducting a detailed investigation while also observing that after going through all the material on record it could not be said that the complaint filed by Adv. Rodrigues against Pandurang Madkaikar was frivolous or vexatious.

 

Adv.Aires Rodrigues on 7th June 2018 had filed a complaint with the Lokayukta over the inaction of the ACB in probing the complaint filed by him against Pandurang Madkaikar. Pointing out that Pandurang Madkaikar’s Nikitasha Realtors Pvt Ltd had on 1st April 2017 inaugurated a huge palacial bungalow at Old Goa estimated to have cost around a whopping 200 crores, Adv. Aires Rodrigues in his complaint had demanded that the ACB register an FIR under Sections 13(1) (d) & (e) of the Prevention of Corruption Act 1988 and Section 120-B of Indian Penal Code against Pandurang Madkaikar and his wife Janita Madkaikar the Sarpanch of Old Goa and to speedily investigate the case.

 

Adv. Rodrigues along with his complaint gave the ACB photographs of the bungalow and a copy of the Affidavit dated 13th January 2017 filed by Pandurang Madkaikar along with his nomination papers at the 2017 Assembly Elections. Adv. Rodrigues drew the attention of the ACB that in his Income-tax returns for the financial year 2015-16 Pandurang Madkaikar had shown his total income for the year as a mere Rs 1,44,389 and that of his wife Janita, a paltry sum of Rs 24,389.

 

Adv. Rodrigues in his complaint stated that amongst his other liabilities and dues Pandurang Madkaikar had shown a Personal loan of 10 lakhs he had taken from Shiv Samarth Motors owned by former Revenue Minister Rohan Khaunte and another Personal loan of 5 lakhs obtained from his brother Dhaku Madkaikar. Adv. Rodrigues further stated that amongst Janita Madkaikar’s other liabilities and dues, was a Personal loan of 10 lakhs she had obtained from Rajesh Khaunte the brother of Rohan Khaunte and another Personal loan of Rs 6, 24, 361 she got from her husband Pandurang Madkaikar.

 

Stating that a perusal of the Affidavit of assets and liabilities filed by Pandurang Madkaikar evidently reveals that the construction of the new palacial bungalow at Old Goa was clearly disproportionate to the known source of income of Pandurang Madkaikar his wife Janita, Adv. Rodrigues also drew the attention of the ACB that Pandurang Madkaikar had in his affidavit shown that he owned only one residential building at Old Goa in Survey No. 143/1 with the plot admeasuring 875 sq mts and the total built-up area 580.7 sq mts valued at Rs. 69,68,400/.

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