22-YEAR OLD CORRUPTION CASE: APEX COURT,”DUE TO LONG DELAY, MOST OF THE SENIOR OFFICIALS HAVE RETIRED”- READ JUDGMENT

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22-year old Corruption Case: Apex Court,”Due to Long Delay, most of the Senior Officials have Retired”- Read Judgment



April 11, 2019:


Apex Court had issued notice in SLP in the year 1997 for ascertaining accountability of state in respect of a power project agreement executed by Maharashtra State Electricity Board. After 22 years, the Court has closed the proceedings by saying that Most of the senior officials would have retired and there has been now a long delay.


Justice Deepak Gupta speaking for a three judges bench has passed the judgment titled CENTER OF INDIAN TRADE UNIONS, A FEDERATION OF REGISTERED TRADE UNIONS vs STATE OF MAHARASHTRA on 11.04.2019.


The petitioner had challenged the execution of the Power Project Agreement   (PPA) and the modified power project agreements first of which was executed in the year 1993 by the Maharashtra State Electricity Board (for short ‘the MSEB’) in favour   of   Dabhol   Power   Corporation   Limited   (for   short   ‘DPC’) before the Bombay High Court, however the challenge could not succeed.

In SLP on 02.057.19975, the Supreme Court issued notice to the limited extend as “The   accountability   of   the   State   of Maharashtra (respondent No. 2) in this matter, particularly,   on   account   of   the   inconsistent stand taken by it from time to time”.

The Supreme Court observed as “We are of the considered view that though normally in such a case a judicial inquiry should have been conducted but as far as the present case is concerned, more than a quarter of century has   elapsed   since   the   first   PPA   was  executed.  The   foreign corporation and the original project proponents are no longer available.   Most of the senior officials would have retired and virtually no action can be taken against them.  Furthermore, the commission of inquiry even if continued or constituted afresh, will   take   its   own   time   and,   as   opined   by   3   Members   of   the Godbole   Committee,   the   constitution   of   such   commission   of inquiry would serve no useful purpose.  This was the stand in the year 2001 and has greater force 18 years later“.



Read Judgment:





MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137

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twitter : @anticorp_2007  


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