भंडाफोड़ : FIR against Mahesh Dutt Sharma- Executive Officer, M.C. Dharamshala for causing wrongful loss to the government exchequer along with Devinder Singh Jaggi-Ex Mayor for wrongful gains by dishonest means

By RAJESH SURYAVANSHI On Jan 12, 2022

RAJESH SURYAVANSHI Editor-in-Chief, Mob : 9418130904 HR MEDIA GROUP

A complaint of councilors of MC Dharamshala against Sh. Devinder Singh Jaggi, Ex. Mayor was received through office of the SP, SV&ACB (NR), Dramatala for verification of facts.

In this complaint it was alleged that Sh. Devinder Singh Jaggi han taken a building belonging to M.C.Dharamshala on rent for an amount of Rs. 20,111/-pm only, whereas he, himself is receiving rent in lakhs, in return by effecting illegal changes in the original structure and plan of the building.

On enquiry, it has been found that the building in question which is adjacent to the office of M.C. Dharamshala on the main road was initially constructed as a Rest House for M.C. employees. During the year 2005 this under construction building was leased out to Sh. Devinder Singh Jaggi without mentioning the security amount and rent in the tender notice, whereas, the initial resolution No. 911 dated 29/8/2005 passed by the house for renting out this building had decided that the amount of security shall be Rs. 30, 00,000/ (Thirty Lac) and the monthly rent shall be Rs.30, 000/- (Thirty Thousand) with the lease period of the building to be 25 years. Moreover, the auction of this building was approved vide resolution No. 39 dated 15/5/2006 of the House without mentioning the security and rent amount, which implied that the conditions approved by the house earlier vide its resolution No. 911 dated 29/8/2005, were to be adopted for the auction. But contrary to this, the EO in violation of, “The Leasing out of Stalls/Shops constructed by the Municipalities in Himachal Pradesh Rules, 2001.” notified vide Notification No. LSC-F(6)-1/85-IV dated 21.12.2001 without taking approval of the Municipal Committee, framed new terms and conditions for the auction of this building in order to benefit Shri. Devinder Singh Jaggi.

It is pertinent to mention here that prior to passing of Resolution No. 911 dated 29-08-2005, the tender for auction of the building was called earlier also, but was later withdrawn as security and rent amount was not mentioned in the advertisement. Inspite of this, when the security and rent amount were subsequently approved in the House, the E.O. at his own level decided that the rent of building shall be fixed on the basis of amount offered by the highest bidders for the tender and thereafter again called for tender without mentioning the security and rent amount without taking approval of the House.

After the building was handed over to Sh. Devender Singh Jaggi, the then EO, MC Dharmshala without obtaining House approval, firstly authorized him to mortgage the building with any Bank for loan purpose up to the lease period and secondly also issued a NOC that the building can be given on rent basis to any Bank/ Insurance company or any finance institution in violation of notification No. LSC-F(6)-1/85-IV dated 21.12.2001.

After taking the possession of the building Sh. Devinder Singh Jaggi, leased out the first floor of the building to ICICI Bank and another storey above it to Bajaj Alliance Insurance company Ltd. In the case of ICICI bank, for the period w.e.f. 14-12-2006 till 31-12-2019, has collected Rs. 1,21,46,649/- and in the case of Bajaj Alliance Insurance Company Ltd., for the period w.e.f. 01-01-2009 till 31-12-2019, has collected approximately Rs. 39, 47,971/- on account of rents. As such, a Total of Rs. 1, 60, 94,620/- has been collected by him as rents from both these parties during this period, whereas he himself has paid only Rs. 18, 38,869/- to the Municipal Committee, Dharamshala for the rent of the building up to 31/12/2019, thus causing loss to the state exchequer.

The enquiry report after completion was sent to Vigilance Head Quarters, Shimla recommending registration of a criminal case and now the permission of the Government of Himachal Pradesh, under section 17A of PC Act for registration of case against Shri Mahesh Dutt Sharma, the then Executive Officer, Municipal Committee, Dharamshala has been received in this office.

In view of the above facts, a FIR No.1/22, dated 11.01.2022, for the offences punishable u/s 420, 120B IPC & 13 (2) PC Act of 1988 (Amendment Act 2018) against the then E.O. Sh. Mahesh Dutt Sharma for causing wrongful loss to the government exchequer and u/s 420, 120B IPC against Sh. Devinder Singh for wrongful gain by dishonest means has been registered in this Police Station.