Gujarat HC rejects IAS officer Pardeep Sharma's plea for discharge in land allotment case

Gujarat HC rejects IAS officer Pardeep Sharma's plea for discharge in land allotment case

The Gujarat High Court has rejected the request of IAS officer Pardeep Sharma to be discharged from the case related to the allocation of land to a private company at reduced rates and without proper authorization from the State Government.

In the judgment, Justice Sandeep N. Bhatt's bench noted that there is no evidence on record to substantiate the claim that the allegations are unfounded. Furthermore, it was observed that the IAS officer had allocated the land to the private company at a reduced price without obtaining the necessary permission or approval from the State Government. This constituted an abuse of the powers and authority vested in him, which were meant to be used in the public interest, but were instead used in favor of the private industrial unit.

During his time as a Collector, Pradeep Sharma allocated government land to Saw Pipe Limited. A complaint was lodged, claiming that the allocation was made at a reduced price and without the necessary authorization from the Deputy Secretary of the Revenue Department. After an investigation, a chargesheet was filed against him. He applied for discharge, but the Trial Court denied his request. Subsequently, the Revisional Court partially granted his appeal. It discharged him from the offense under Section 217 of the Indian Penal Code (IPC) but upheld the charges under Sections 409 and 120B. Dissatisfied with this decision, he appealed to the High Court to challenge the Revisional Court's ruling.

The Court pointed out that the company had submitted a single allotment application, which Pradeep Sharma duplicated twice. He then recorded all three applications in the inward register, essentially transforming one application into three. The Court also remarked that he had allocated the land at reduced prices without the proper authorization, indicating an abuse of his authority and powers.

Moreover, the Court affirmed that the conclusions reached by the lower courts were accurate, as they had established a prima facie case against Sharma. 

Consequently, the Court rejected the application filed by Sharma.

Case: Pradeep Nirankarnath Sharma v State Of Gujarat, R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 971 of 2019.

 

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