HC asks state, police to respond to Pratap Sarnaik’s plea against former Thane civic commissioner

The Bombay high court has directed the urban development department, the Maharashtra police, and former Thane Municipal Corporation (TMC) commissioner R A Rajeev to respond to a petition filed by Shiv Sena MLA Pratap Sarnaik seeking legal action against Rajeev for allegedly violating procedural rules

The Bombay high court has directed the urban development department, the Maharashtra police, and former Thane Municipal Corporation (TMC) commissioner R A Rajeev to respond to a petition filed by Shiv Sena MLA Pratap Sarnaik seeking legal action against Rajeev for allegedly violating procedural rules. Sarnaik claimed that the commissioner had collected money for carrying out renovation work on behalf of the TMC’s town planning department without approval of the government.

Shiv Sena MLA Pratap Sarnaik HT Archives

Sarnaik, who represents Ovala-Majiwada constituency in Thane, sought directions to the state to grant sanction to prosecute Rajeev under section 7 of the Prevention of Corruption Act and to set aside the state’s April 2014 order refusing such sanction. The petition also sought directions to the Maharashtra police to initiate legal action against Rajeev soon after the government allows his prosecution. Sarnaik is now part of the Eknath Shinde group of Sena.

A division bench of justice Prasanna Varale and justice Sharmila Deshmukh was informed on Monday that a petition filed in 2013 was disposed of on account of the state government’s refusal to grant sanction. The court had then directed Sarnaik to file a fresh plea challenging the refusal.

The new petition filed in 2015 claimed that Sarnaik had raised questions about the contract and the appointment and the payments made to the contractor for the work. The MLA had also asked the departments concerned to investigate as to whether payments were made to any other person and whether the payments were connected with regularisation of unauthorised development works in Thane.

Sarnaik’s plea stated that though he had written several letters to the authorities he had not received any reply either from the urban development department or the police.

After hearing the submissions, the bench directed the state government, the police, and Rajeev to respond to the petition and posted it for further hearing after three weeks.

In an earlier hearing in June, the HC had allowed Sarnaik to amend the petition and change the address and contact details of Rajeev as he had retired from service. The petition was also permitted as the sanction to prosecute was being sought for an alleged offence that had taken place when Rajeev was in service.