Please advise on investigation against corrupt check post officer wrong doing

Question

Please advise on investigation against corrupt check post officer wrong doing

Dear sir,

i belong from Madhya pradesh. One of check post officer of check post created at mp maharashtra border by commercial tax department of m p govt at the time of July to March 17 period has made huge money through Bribe & curruption taken at that time. For proof i have bank statements of his family members where sizable amount is deposited through cash and created as fixed deposit in name of non earning family members, (in total approx Rs. 84 lacs of FDR, Bank balances in name of family member , expense in marriage of self and sister can be proved on document against salary drawn by this corrupt officer of Rs. 17 lacs in last 6 years of short span his service, i have documents to prove this) also some of known sources in commercial tax themselves confirmed that this officer has earned huge money through corruption at check post.

I want to bring these acts of corruption in front of govt authorities hence I shall give these proofs to lokayukt police and EOW however i further want to investigate same and retrieve further records to prove corruption done by him majorly at check post though the help of RTI and if needed meeting respective tax payers on whom bribe was charged.

now i need help of senior lawyers for below :-

1. What are the documents copies i should ask commercial tax department related to this check post of which further investigation i can check and get some more proofs of irregularities done by officer.

2. What is major modus operendi of check post officers to hide evasion of tax and take bribe in return and what records i should search for, please suggest.
if needed i can go up to extent to visit people or taxpayers on whom possible bribe is charged, and bring supported documents to prove the corruption made at the time of check post posting.

3. In my complaint what procedure or records i should ask lokayukt or EOW team to check and investigate related to check post so that such corruption practice can be revealed in their investigation.

4. Apart from lokayukt and EOW where else i can complain wrt this corruption activities.

5.Since FDR are created in name of non earning family members these transactions would come under benami transaction whom should i keep in loop other than income tax authorities to get an effective and fastest proceedings against benami transaction.

6. Any other advise you can provide.

7. Please suggest if you know any good lawyer having specialisation in Anti corruption matters, preferably in mp however if he is of outside i can contact through phone or mail as well since i want to make my complaint strong as i have all facts and proofs and dont want that officer to take advantage of loophole in my application.

Asked 6 years ago in Taxation

Answer 1

1) tax payers who have made payment of bribe would not help divulge details of bribe paid by them . if possible obtain affidavits from them regarding bribe paid to check post officer

2) you can on basis of documents in your possession complain to the Lokayukt for inquiry if you feels that any public servant is guilty of an allegation described in the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981.

3) complaint on a plain paper is acceptable provided it contains adequate information to hold an enquiry. Such a complaint should invariably contain name and post held by the non-applicant, particulars of the allegations which are required to be enquired into and name and address of the complainant. A complaint may be presented to the Secretary to the Lokayukta or can be sent under a registered cover. The complaint should contain adequate and precise particulars to show that the case is covered within the expression 'allegation' as defined in Section 2 (b) of the Madhya Pradesh Lokayukt and Up-Lokayukt Act, 1981. The complainant is expected to verify facts and make correct averments after obtaining the relevant information by resorting to the provisions of the Right to Information Act and to annex with the complaint the relevant documents so obtained.

4) you can also complain to CM office regarding check post officer

5) do not know any lawyers specialising in anti corruption cases in MP

Ajay Sethi

Advocate, Mumbai

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Answer 2

You needs to ask about the no of such vehicles taxed ta that period with the details of tax collected and information about them.

Modus operandi is always to do corruption and gain ill-gotten monies.

You need to draft your Complaint making out charges of corruption under the said laws.

You can also file Complaint under Benami transactions prohibition Act.

I can consult you for the same you can take contact me through kaanoon

Prashant Nayak

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Answer 3

1) You can make complaints against that officer in CBI Anti corruption department.

Ganesh Kadam

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Answer 4

If you have all the proof available with you and that can be proved then you can complain to the anti corruption department against the officer who has made his money which is disproportionate to his known income sources your complaint to anti corruption department will be taken care by the department and proper investigation may be taken by the people

Vimlesh Prasad Mishra

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Answer 5

1. The documents relating to the nature of his job whenever he was on duty, namely the office copies of tax paid challans, log books, and various other documents maintained in the check post.

2. Since you have come to know that he has amassed wealth during his tenure in the check post, you may be knowing the modus operandi better than anyone.

3. You give the details of his wealth including the bank statements of his his entire family members for that particular period to DVAC department also.

4. DVAC

5. You can inform the IT department sleuths about this who will jump into action accordingly.

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Please advise on investigation against corrupt check post officer wrong doing

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