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Lokayukta sends report to Governor over failure of CM to act in disproportionate assets case against Pandurang Madkaikar

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Goa Lokayukta Justice Ambadas Joshi has sent a Special Report to the Goa Governor against the decision of Chief Minister Pramod Sawant not to register an F.I.R against Cumbarjua MLA Pandurang Madkaikar in the disproportionate assets case.

In his Special report sent on 23rd June under Section 16 (3) of the Lokayukta Act, the Lokayukta while seeking action as deemed appropriate has drawn the attention of the Governor that the Chief Minister has not given reasons or justification for not accepting the report of the Lokayukta which had directed that an F.I.R be registered against Cumbarjua MLA Pandurang Madkaikar on the basis of the complaint filed by Adv. Aires Rodrigues in the disproportionate assets case.

While directing the Chief Secretary and the ACB to register an F.I.R against Pandurang Madkaikar, the then Lokayukta Justice P.K. Misra on 15th September last year 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 her for gross dereliction of duty.

Justice Misra in his order 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 disproportionate assets case against Pandurang Madkaikar had observed that they had shirked and shied away from their responsibility by not registering an F.I.R and not conducting an investigation against Pandurang Madkaikar.

After holding a preliminary inquiry into the complaint filed by Adv. Aires Rodrigues, the Lokayukta in his order 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 Porvorim MLA 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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