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Civil cases against two dismissed

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Gyalpoizhing Land Allotment: Mongar district court, on January 11, had dismissed two cases of people who were part of the Gyalpoizhing plot allotment committee.

Their names were not reflected in the minutes of Mongar municipal committee meeting and in the notification letter inviting them for the lucky draw.

Two former officials, the dzongkhag’s then junior engineer Phuntsho and Mongar municipal committee member secretary Lobzang Tenzin, both proved their non-involvement in the Mongar municipal committee meeting in 2005 and 2006.

They had the attendance register of the meeting.

During his preliminary hearing, Phuntsho said he as a land allotment committee member, was responsible for allotting three plots in question in 2005.

Anti-Corruption Commission’s charges against him was that as a member of the Mongar municipal committee, he had the responsibility to ensure plot allotment conformed to the government set criteria, and that they were allotted to individuals, who fulfilled them.

Therefore, he was guilty of official misconduct, as per section 294(b) and liable for penalty under section 295 of the penal code of Bhutan.

The defendant had also said that he was not the Mongar Municipal committee member because from engineering section he said, there was Tashi Norbu Sherpa as a member secretary and therefore, he was not involved in the case.

He said during the 2005 municipal committee meeting, he was once present because of land transaction case and not as a member.

“My name must have been reflected in the register because it has been cut and pasted among the list and minutes of the meeting,” he said.

In the attendance register of members who carried out the land transaction then, although Phuntsho’s name was reflected in it, his signature was not there.

Lobzang Tenzin, the then human resource officer, held responsible for allotting three plots in question in 2006 was charged for failing to exercise due diligence in allotment of plots.

This resulted in allotment of plots to individuals, who did not fulfill the basic criteria.

Therefore, he was guilty of official misconduct, as per section 294(b) and liable for penalty under section 295 of the penal code of Bhutan.

But during municipal meeting he was absent.

He said he was at the dzongda’s residence with other helpers, moving and loading furniture of the dzongda who was being transferred.

They both got hold of the original register from the present Municipal Executive engineer, Tashi Norbu Sherpa.

Anti corruption commission officials said they looked for the attendance register and the notification along with the minutes of the meeting before charging the committee members to the district court.

They said they did not have any intentions of charging to court people not involved in the case.

ACC officials asked Tashi Norbu Sherpa why he had not shared the register.

He said they were old files that lay hidden under stacks of other files that were heaped in some room over the years, nibbled at by rats.

Following ACC’s orders, he said he began looking for the files and he happened on it.

The drangpon said the two would be summoned and a new case would ensue should they come across any clues that pointed towards their involvement in the case.

By Dechen Tshering, Mongar

2 Comments to “Civil cases against two dismissed”
  1. Acharya | January 16th, 2013 at 00:26:31

    Bangchung there isn’t any law if they are not guilty that court or organization is going to compensate

  2. Bangchung | January 15th, 2013 at 12:52:57

    Is ACC liable for the compensation to those two people for not being able to prove them guilty ?

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