Two arrested on graft charges

The anti-corruption sleuths today arrested an ex-field officer of Odisha State Cooperative Bank, Bhubaneswar and a senior stenographer at the Chief Engineer's office, Drainage, in Cuttack on graft charges.
The arrested persons were identified as Pravat Kumar Jena, ex-field officer, Odisha State Cooperative Main Branch, Bhubaneswar and Pratap Gouda, senior stenographer, office of the Chief Engineer, Drainage, Cuttack.
The duo was sent to judicial custody till January 4, 2016 by the Court of Special Judge Vigilance, Bhubaneswar.
They were arrested by vigilance officers under different sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 and sections 419/420/467/468/471/120-B of the IPC.

A case was registered on the complaint of Trinath Patel, ex-DSP,(Vigilance), Bhubaneswar Division levelling allegations of cheating the bank by forging documents with criminal conspiracy, through which loans amounting to Rs 45,25,000 were sanctioned to illegible persons.
Rabindra Kumar Jena, ex-establishment officer at the office of the Chief Engineer(EIC), Drainage, Cuttack in 2009 had recommended applications of 12 persons including his application to the Odisha State Cooperative Bank, Main Branch, Bhubaneswar for submission of loan impersonating himself as the DDO, Drainage, Gandarpur, Cuttack, the vigilance sleuths said.

Jena, in connivance with Pravat Kumar Jena, ex-field officer of the OSCB, Main Branch, Bhubaneswar, sanctioned and disbursed loans amounting to Rs 45,20,000, they said.

"The Committee, however, notes that the Law Commission of
India in it Two Hundred Fifty-fourth Report (February, 2015) has suggested to use the expressions 'undue advantage' in the PC Act. The Committee endorses the aforesaid amendments proposed to Section 2 of the PC Act, 1988 under the clause," it reads.
The Law Commission had in its report said "financial or other advantage" as mentioned formulation was narrower than the proposed changes to cover "any gratification whatever, other than legal remuneration".
"For example, it clearly covers sexual favours as 'gratification' in return for the public servant to do/refrain from doing a certain act. However, "other advantage" in "financial or other advantage" being interpreted using ejusdem generis (of or as the same kind) does not seem to cover sexual favours in return for the public servant's acts or omissions.

"Thus, the proposed amendment is actually narrowing the scope of corruption, instead of the stated intent of expanding it," it said, recommending use of "undue advantage" in the proposed bill.
The report said some stakeholders were of the view that there is need to provide an explanation to the terms 'non-pecuniary benefit' (being considered as an offence under corruption) as there is every possibility of filing of malicious and false complaints against public servants.
"Further, it was also suggested that casual exchange of hospitality like presenting traditional gift, souvenir or memento subject to a certain monetary limit and courtesy lunch, dinner during meeting or official visit may not be brought under the purview of 'undue advantage'," the Select Committee report said.

The panel apprehended that the probe agencies may misuse the proposed clause to harass public servant as well as members of civil society in corruption 'and advised that adequate precautions be taken in this regard.