Prosecution against Symbiosis’s President Dr Majumdar interfered by State Government For getting him Padmashree award: Reserved Forest valued to be of Rs 7.62 crores in year 2006 (present market value Rs 57 crores) offered in Rs 7 lacs by State Government on Senapati Bapat Road, Pune: Rajendra Mangarulkar IFS of Maharashtra Forest Department involved:

12.21.2010 · Posted in All, Environment, Revenue & Forest

Pune : In another case of interference in criminal justice administration, Maharashtra Government has stayed the prosecution of Dr S. B. Majumdar, President of Symbiosis Institute of Management, Pune. Also in this case, by hiding sensitive information from Government of India that two FIRs have been already been booked against Majumdar of  very serious cognizable and non-bailable offences, Maharashtra Government has cleared Majumdar’s nomination of Padamshree award in 2005.  In the same case, a reserved forest with present market value of Rs 15 crores was offered in Rs 7 lacs by State government by opposing recommendation of State Forest Department. This is to remind our readers that in similar interference, Supreme court has fined   state of Maharashtra Rs 10 lacs (Read Vilasrao Deshmukh in Buldhana case).  As per evidences, Rajendra Mangarulkar IFS , the then DCF Pune is the  kingpin of the case.

1.  The Symbiosis Society Pune was given 3.26 ha Reserved Forest land by State Government,  on Senapati Bapat Road, in S.N. 81 of Bhamurda Village, Pune on lease for 50 years vide TRS/1873/73842/F-5 dated 7-10-1975.  This lease was revised by Government of Maharashtra and only 0.6 ha Reserved forest land was leased vide letter FLD/1981/2015/F-3 dated 31-5-1985 with changed conditions to the Symbiosis.

2.   In the year 2003, Symbiosis  Pune has encroached and acted criminally in violation of provisions of Reserved forest in SN 94 Bhamurda Village , Pune. An FIR no. 0-1/2003-04 dated 27-6-2003 for  non-bailable & cognizable offence under section 26, 63 of Indian Forest Act, 1927   was registered by Round officer Bhamurda, Pune against Dr S.B. Majumdar, Founder President of Symbiosis .

3.    After entire investigation, Chief Conservator of Forest cum Nodal officer, Maharashtra State, Nagpur vide his letter no. Desk-17/Nocell/2/AD11346/395A dated 13-6-2006 has granted permission to file charge-sheet against Dr S.B. Majumdar of Symbiosis, in the court of  Judicial Magistrate First class, Shivajinagar Court, Pune for offence committed under section 26 (f), (h), 63(a). After going through the investigation papers , he reached to the conclusion that it is very much required to file the charge sheet in the court of law. CCF cum nodal officer’s letter dated 13-6-2006 confirms it.

4. It is very strange that for no apparent bonafied reason, the charge sheet was not filed in the court of Judicial Magistrate in the said offence . This led Majumdar to criminally violate the provisions of Indian Forest Act 1927 again.

5.  Though no action was done in the FIR of 2003,  another  FIR  no. 4/2005-06 was registered against Symbiosis, Pune under section 26, 63, of IFA, 1927, IPC section 34, 427,434, Environment Act 1986 section 2, 3 and Land Revenue Act section 44 for non-bailable and cognizable offence on 11-06-2005.

6. Surprisingly, even after filing of FIR no investigation was started in the matter as per provisions of Criminal procedure code 1973. Even investigating officer of the case had not informed the concerned judicial magistrate about filing of FIR, which is statutorily required in the criminal judicial system.

7.      Immediately after Chief Conservator of Forests had given permission to file charge sheet against Mr S.B. Majumdar on 13-6-2006, Majumdar with the help of Rajendra Mangarulkar, the then Joint secretary (Forests), who has got his daughter, Miss Neha Rajendra Mangarulkar admitted in MBA course of Symbiosis in management quota ( normal unofficial rates of management quota  in MBA is @ Rs 16 lacs  per seat) could get his prosecution stayed from government level. Majumdar in its letter dated 11-2-2010 has  confirmed to CF Pune that he has given admission to Neha Mangarulkar in management quota for MBA.

8. Under secretary, Revenue & Forest Department, Mantralaya, Mumbai vide letter no. FLD/1906/CR 553/F-10 dated 25-7-2006 has stayed filing of charge sheet against Dr SB Majumdar, President, Symbiosis, Pune.  It is pertinent to mention  that  once FIR is booked for criminal offence,  government has no power to stay the investigation. This power is vested only in superior courts as per criminal procedure code 1973.

9. Needless to mention that Rajendra Mangarulkar IFS had not mentioned or brought this very fact to the notice of Government ( Read Minister or  Chief Minister)   that neither investigation can be stopped by Government nor prosecution against a non-public servant  requires any sanction of the government. Thus, by staying the criminal judicial process illegally  by mis-using it’s authority, Government has interfered in criminal administration system. ( And for the same type of interference  Maharashtra Government has been fined Rs 10 lacs by Supreme court recently, where the then Chief Minister, Vilasrao Deshmukh  had interefered in the same analogous way).

10.  Even after reminding this provision of law, Government has not vacated the stay on proceeding in accordance with law. Neither, CCF Pune nor the then HOFF Mr C.S. Joshi had directed the investigating officer to proceed in accordance with law. Otherwise also, illegal stay by Government had been granted only on FIE of 2005 and not on FIR of 2003.

11. Though these offences were being committed continuously since 1996, because Mr Rajendra Mangarulkar, who was the then Dy Conservator of Forests, Pune Forest Division, FIR in the matter  could not be booked during his tenure as DCF Pune. Mangarulkar later became Joint Secretary, Revenue & Forest Department, Mantralaya, Mumbai dealing with the same case. He helped Majumdar to get his order of prosecution stayed by government.

12.  When Mr Rajendra Mangarulkar was transferred from DCF, Pune’s post, Anurag Choudhari IFS took over charge of DCF Pune , but he too failed to initiate action against Majumdar. It was only when Ashok Khadse IFS was to take charge of DCF Pune in July 2003, FIR was booked on 27-6-2003. After Khadse had taken over, another FIR was booked in 11-6-2005 against Symbiosis. As a corrective measure Khadse ordered the Range Forest Officer, Bhamurda vide letter dated 3-7-2006 to file the charge sheet in the court of law against Majumdar, President of Symbiosis Institute of management, Pune. This order was stayed by Mangarulkar, the then Jt Secretary R&FD by letter of Government dated 25-7-2006.

13.  After the intervention of the Government (Read Mr Mangrulkar), a move was started to save Mr S.B. Majumdar. The department of Forest was asked to put up a proposal under FC Act 1980 to regularize the encroached land by Mr S.B. Majumdar and drop the criminal charges. It was also suggested that after clearance of Forest Conservation Act, all the criminal cases would be dropped against Mr S.B.Majumdar.

14. Meanwhile, DCF , PuneMr Ashok Khadse  had issued  letter dated 2-8-2006 to Symbiosis Institute, that they must submit a guarantee money letter of Rs 7,21,88,970/- (Rs Seven Crore twenty one lac eighty eight thousand nine hundred seventy Only) for the cost of 0.7446 ha forest land, as per existing market rate , if they want to get their proposal processed for clearance under FC Act.

15. Till this date Government has not vacated the stay granted on criminal prosecution of Mr Majumdar. The cost of land of year 2006 has almost doubled now. And new value for the land now is more than Rs 15 crores.

16.       The stay has been granted for not filing the charge sheet in FIR booked in the year 2003. But even in the absence of any stay order by Government in another  FIR of 2005 , no prosecution, arrest or investigation have been carried out in the FIR.

REASONS FOR NOT TAKING ANY ACTION AGAINST SYMBIOSIS &  MAJUMDAR:

1.       By not arresting Mr S.B. Majumdar, President Symbiosis, against whom cases were booked , Mr Mangarulkar has bargained M.B.A. seat for his daughter, Ms Neha Mangarulkar (2006-08) from Symbiosis Institute of Management. Thus, he has not paid unofficial donation money of Rs 16 lacs for the admission of his daughter. Thus, Mr Rajendra Mangarulkar as Public servant obtained valuable thing, without consideration from a person concerned in proceeding or business transacted by him as  public servant. Thus he is prima face guilty of section 11 & 13 of Prevention of corruption Act 1988.

2.       A very serious fraud was committed by Mr Mangarulkar   by not informing the government in time that Mr S.B. Majumdar is booked under criminal offences more than twice (2003 & 2005) and same are pending against him. By hiding this with Government of Maharashtra, Mr Majumdar’s name was recommended for Padmshree to Government of India. And subsequently he was awarded Padmshree by H. E. President of India in the year 2005. Further Majumdar has also not informed to the Government of India that two criminal cases are pending against him .

3.        There is a move to part with Reserved forest land (0.76 ha) worth Rs 15 crore today to Mr Majumdar and take some nominal alternative land in its lieu as per provisions of FC Act. Almost every person in this chain, talks about his share. Very recently, it has been informed that one member of Central Empowered Committee of Hon’ble Supreme court has also been approached for clearance of this very expensive land. Very recently head of the Forest force, Maharashtra state also in his report dated 18-01-2010 submitted to the to the government informed that cost of the land is more than 100 times of Net present  value. Thus HOFF also agreed with rates proposed by Khadse to the Government.  It is very important to note Majumdar , Mangarulkar with the  help of the then Minister for Forests was forcing a rate of only Rs 7 lacs for the land instead of Rs 7 coroes in 2006. ( see PCCF’s report dated 18-1-2010)  One can easily find out  why a land piece of Rs 7 crore should be given for Rs 7 lacs only. It is also mentioned in the report of PCCF that office of the PCCF has recommended a price of Rs 7.62 crores and decision to  reduce the rate to Rs 7 lacs was taken at Mantralaya level. Thus it is 100% a case of corruption adopted by Minister  of Forests and Mangarulkar, where a land piece of Rs 7.62 crores  ( which it self was as per scheduled rates of government, which generally remains 50% of the actual cost) was being offered at 1/100th of it’s price.

4.        Every one in Pune is aware of that Symbiosis Institute in Pune has more than four campuses in Pune . They have  very big campuses in Hinjewadi, Viman Nagar, Shivaji nagar and has more than 100 acres of land in out skirt of Pune on Mumbai-Pune express highway. It can very easily be understood, that when so much alternative land is already available with Symbiosis in Pune, then what is the need of parting this reserved forest valued more than Rs 15 crores in peanuts ? Why FC Act clearance should be given in this case ?

POINTS OF EXTREME IMPORTANCE:

1. PCCF , Mr C.S. Joshi deliberately not informed in its report that

  • Indian Forest Act no where mentions encroachment.  Offence of encroachment  can not be booked under Indian Forest Act. In fact it is the breaking of soil, cutting of trees , fire, tresspasing etc, which have been shown to be  offence in IFA 1927. Thus everytime there is breaking of soil , or cutting of tree or tresspassing, it becomes a sepearte offence. Then how the offence of encroachment is being referred by PCCF. This is a clear cut case of diluting the criminal case agaisnt Majumdar.
  • All the criminal violations were cognizable,  non-bailable and non-compoundable.
  • Hence once FIR is lodged , it can only be quashed by  superior court of law and no administrative stay can be granted to investigation.
  • It has further been informed that no case diary is maintained of the case, no investigation was done in the FIR of 2003 & no arrest has been made.
  • Very importantly, even Magistrate having jurisdiction too had not been informed about the offence.
  • That the forest area even if given on lease does not change it’s status of Reserved forest since no notification of dereservation has been issued under the provisions of Indian Forest Act 1927. Hence even if soil is broken there , or tree is cut, or boundaries are altered  etc then all these constitute cognizable , non-bailable  & non-compoundable offence. Hence Majumdar should have been booked every time there was any offence mentioned in the section 26 of IFA 1927.

2.        This piece of land is situated just in front of the office of the Deputy  Conservator of Forests (read Rajendra Mangarulkar). Hence for almost all the four years he was seeing this violation of Indian Forest Act every day, but he did not do any thing except took pecuniary advantage from Symbiosis.

3.          First FIR of year 2003 was for section 63 of Indian Forest Act also, which is very serious and section 68 of IFA, 1927 clearly makes it a non-compoundable offence. Hence it can only be tried by a court of law. Despite this , there is a move to drop and compound the offence.  Section 63 deals with changing the boundaries of reserved forests.

4.            Section 66 of IFA 1927 reads as follows: “66. Power to prevent commission of offence.-Every Forest-officer and Police   officer shall prevent, and may interfere for the purpose of preventing, the        commission of any forest-offence.” But Mr Mangarulkar  had not done his statutory duty being a forest officer, thus it is a very serious criminal act as well   as a clear misconduct as per provisions of All India Services (D&A) Rules, 1969.

5.  Even if the said land is de-reserved and cleared under the provisions of Forest Conservation Act 1980, it is not understood that on which account, offences of year 2003 and 2005, of which FIRs are booked, which are very very serious offences, can be ignored and dropped, once they are already committed and, investigation are complete and CCF Nagpur has already given permission to file the charge sheet in court of law ?

ACTION   REQUIRED IN THIS CASE:

  1. Government of India be moved to take back Padmshree from Mr S.B. Majumdar since he is facing very serious criminal charges, and he was awarded Padmshree by hiding these very important facts from Government of India.
  2. The said very expensive reserved forest land at Senapati Bapat Road, Pune should not be cleared under the provisions of forest conservation Act 1980, since all the papers of the case are manipulated, concocted and most of the material facts are not disclosed in the proposal.
  3. Mr Rajendra Mangarulkar, IFS should be suspended from the service with immediate effect and departmental enquiry be conducted for his very serious misconduct and corrupt practices .
  4. This very serious case of corruption of Rs 15 & 48 crores  should be transferred to the ACB, Pune for investigation specially investigating role of Mr. Mangarulkar and other officers along with the then Minister of Forests.
  5. CEC should  immediately be informed about correct and factual position with all material facts, which have not been  disclosed to them.
  6. Government of Maharashtra should immediately remove illegal  stay granted on filing charge sheet in the FIR of year 2003  & 2005 against Dr S.B. Majumdar, President, Symbiosis Institute, Pune. And no executive interference be done in administration of justice.
  7. Forest department should immediately file charge sheet in the court of law in FIR of the year  2003 & 2005 since no body is above the law.
  8. The lease granted to Symbiosis should immediately be revoked since there are very serious breach of conditions of lease agreement.
  9. Criminal case under section 7,8, 11, 12 & 13 of Prevention of corruption Act 1988 be booked agaisnt Rajendra Mangarulkar and other involved public servants along with Majumdar.

What Regional CCF, Bhopal & Government of Maharashtra have done so far:

  1. Taking the name of SIT constituted by Supreme court for other Pune forest land matter, not doing any thing in the case. It is not known , where in the order of supreme court , there is a stay on investigation, arrest, &  prosecution in this matter.
  2. The Government has not removed the illegal stay on investigation and prosecution in the case.
  3. Trying to sell the Rs 15 crore land ( value of the of Rs 7.62 crore was of year 2006)  in Rs 7 lacs to a person, who has always acted against the Forest laws, who is  accused of violation of various criminal laws of the country. There is no rocket science to understand that there is illegal gratification of serious nature in the case.
  4. Mangarulkar has been posted in the Anti corruption department as Joint Director, ACB by the same Minister, who was pressurizing the land to be given @ Rs 7 lacs only.
  5. Till now no disciplinary and criminal proceedings have been started against Rajendra Mangarulkar.
  6. Government will not initiate any disciplinary action till Departmental promotion committee recommends promotion of Rajendra Mangarulkar to the rank of Chief Conservator of Forests.
  7. Though Regional CCF Bhopal was also informed about this serious case, but no punitive action has been started by him till date.
  8. Majumdar and his accomplices have not been arrested as yet.

Dear Readers , we will keep informing you the progress of the case and trying to expose any attempt to hide and burry this very important environmental issue.

14 Responses to “Prosecution against Symbiosis’s President Dr Majumdar interfered by State Government For getting him Padmashree award: Reserved Forest valued to be of Rs 7.62 crores in year 2006 (present market value Rs 57 crores) offered in Rs 7 lacs by State Government on Senapati Bapat Road, Pune: Rajendra Mangarulkar IFS of Maharashtra Forest Department involved:”

  1. R.K.Patil says:

    It is a matter of common knowledge in Pune that every DCF, CF and CCF Pune had taken 3 seats in Management quota or direct admission. This was done by manipulating the Merit list since exam is being conducted by Symbiosis management only every year. Generally, these officers have sold these seats in open market after charging some 12 to 15 lacs. Majumdar must be sent to Jail for such blatant criminal offence against the environment. Government of India must take back Padmashree from him.

  2. Rajan says:

    Ask how can in collection of fee one, can have such an empire like of Majumdar? He is land graber . It is grabing of Reserved forest, lung of Senapati Bapat Road. Arrest him and his daughter.

  3. Student of Symbiosis says:

    Majumdar Sir’s own degrees should be checked by government. Must be fraud.

  4. Shivaraj PATIL says:

    This is totally ridiculous. These education barons should be severely punished. Also the corrupt government officials should be brought to the court of law and tried. they should be punished double than the average citizen as they are the one who are supposed protect the interests of aam admi. There is a proverb in marathi “Kumpanach shet khayala lagley”. He should be stripped of his PADMASHREE award and tried in court.

  5. Another student says:

    why u r after Majumdar Sir only. Catch corrupt forest officers and their children also, who got into our college without merit and spoiling the name of the college. Majumdar Sir, you can surrender the Padmashree of your own for nation’s sake.

  6. Student of Symbiosis says:

    I believe everybody who has power of wealth will fall for such crimes eventually,finally its your call,your own consciencous.And those who are asking the Padmashree back,lets not forget that even Late Mr.Rajiv Gandhi is tainted with having Swiss accounts so are we asking Rahul Gandhi /Sonia Gandhi to pay its price or is the inquiry going anywhere in this case,so why catch hold of Mr.Majumdar,there are many better things/cases pending just to see the light in the court,so let them focus on their pending jobs.

  7. Rajan khaire says:

    What Income tax department is doing ? Why are they not raiding this corrupt Symbiosis mnagement ? I am sure like A Raja, he too must be having billions of rupess in black money ?

  8. In reality, who wants to stop corruption? Anyone? No, except few fanatics who themselves can not do anything. Corruption has become a way of life in India. Every one, who gets an opportunity, does it. Everybody is doing it according to his/her stature/calibre. If Sonia is serious about it, it will reduce by about 50% in a second, if she gives such message. How can the government appoint corrupt officials such as Thomas (as CVC), Dange (as CS of Maharashtra) at high positions? Is it being done to eradicate corruption? No. So choose good people to lead us.

  9. hemant chhajed says:

    forest land sale is a very big business in bombay, pune and other metropolitian cities in maharastra. as a member of state forest land committee, i already protested this business. about 12,00,00 hectares forest land grabed by land mafias worth about more than one lakh crores[as per supreme court norms].

    • Corruption In Maharashtra says:

      You can send information, which you have on this topic along with evidences, through contact us page.

  10. hemant chhajed says:

    as per supreme court and ministry of environment & forest ,the cost of forest land was shown rs.1.27crore/ha.please vote for floating net present value as per market value of land plus vegetation value also.

  11. Krishnaraj Rao says:

    Lucid and exhaustive report. Thank you. Will publicize.

    Regards,
    Krish

  12. SK, Thane says:

    But what about his Padam Shree ? Whether government started any move to withdraw it ? I have been told , Mujumdar has purchased most of the media persons in Pune , whether any body has any light on this ? Further, whether Mangarulkar has been made co accused in it or not ?

  13. this frauds are just tip of iceberg ,get all the private educational institutes thoroughly audited by neutral auditors, one would get mad by what would be revealed.we need atleast 1000 Anna hazare to this culprists.

Leave a Reply