Pune: The Bombay high court has quashed and set aside Pune municipal commissioner’s orders of April 16 and 25, 2019, that rejected an open inquiry by the state anti-corruption bureau (ACB) against former city engineer Prashant Waghmare on the allegations of amassing assets disproportionate to his known sources of income.The bench of Justice AS Gadkari and Justice Ranjitsinha Raja Bhonsale held on April 2 that a prior approval for an open inquiry in a disproportionate assets (DA) case was not required and the PMC chief, as the Competent Authority for the grant of prior approval, exceeded his jurisdiction by holding a hearing and getting into details of the matter to turn down the approval plea.The bench, while allowing the petitioner’s prayer for an open inquiry against Waghmare, said, “After conducting the open inquiry the authorities will follow the procedure and process as envisaged in the Prevention of Corruption Act and take swift and appropriate action in accordance with law.” The ACB will have to approach the competent authority again for a sanction to prosecute in the event of the open inquiry establishing any prosecutable evidence against Waghmare.Later, at the request of the PMC’s lawyer, the bench granted a two-week stay on its ruling to enable the civic administration to move an appeal before the Supreme Court.“We will be filing an appeal in SC considering the state-wide ramification of the HC judgment vis-à-vis multiple pleas by third party individuals seeking DA case inquiries and using the same as a tool to harass or put pressure on govt officials. Also, the PMC chief’s impugned orders were in line with the Govt Resolution of March 3, 2015, that empowers a competent authority to hold an inquiry before granting or rejecting prior approval,” advocate Abhijit Kulkarni, who represented the PMC, told TOI.Activist Tanaji Gambhire had filed a petition before the HC in 2021 alleging that PMC was protecting Waghmare, who has amassed wealth worth multiple crores of rupees disproportionate to his known sources of income.The bench held, “The competent authority under section 17(A) of the PC Act, is required to verify if, the collected material, merits an enquiry or inquiry or investigation and the same can be done only when the alleged offences are ‘offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties’ and not otherwise.. Further, even if the offences are relatable to recommendations made or decision taken by public servant in discharge of official functions or duties, the competent authority has no power and/or authority under section 17(A) of the PC Act, to conduct an hearing, investigation or get into the merits of the matter and undertake a detailed enquiry and/or conduct a mini trial.“The role of the competent authority is to see and consider whether the preliminary material as collected by the enquiry officer makes out a prima facie case. The competent authority has no authority to usurp the powers of the authorized Inquiry Officer under section 17 of the PC Act or the power to grant or refuse sanction to prosecute under section 19 of the PC Act, the bench said.Ten-year-old matter# May 18, 2016: Activist Tanaji Gambhire files complaint with ACB, Pune, accusing then PMC city engineer Prashant Waghmare of amassing wealth disproportionate to known sources of income# Nov 12, 2018: ACB, Pune records Gambhire’s statement# Dec 11, 2018: A secret inquiry is ordered against Waghmare# Jan 31, 2019: ACB inquiry officer in a report to Superintendent of Pune, ACB, Pune recommends an open inquiry against Waghmare, citing nature of allegation and non-cooperation by Waghmare during the inquiry# On SP (ACB)’s recommendation to the Director General (ACB), Mumbai, a proposal for an open inquiry is processed and tabled before the competent authority, the municipal commissioner, for grant of prior approval# April 16 and 25, 2019: Municipal commissioner passes orders rejecting the open inquiry against Waghmare# July 18, 2019: ACB, Pune closes confidential inquiry against Waghmare due to rejection of prior approval
