An SDM in Himachal Pradesh is under investigation for alleged misuse of power and involvement in benami land transactions, raising serious questions about official conduct and potential financial irregularities.
Himachal Pradesh DGP Ashok Tiwari on Thursday recommended a detailed examination and necessary action against the sub-divisional magistrate of Solan under the conduct rules for "serious, prima facie misuse of official position, conflict of interest and possible involvement in benami transactions".
In a letter to the Solan deputy commissioner, the DGP said that examination of a complaint regarding benami land purchase and misuse of power received on April 27 against the SDM, Poonam Bansal, has revealed serious, prima facie misuse of official position, conflict of interest and his possible involvement in benami transactions.
The material (documents) presently available establishes a strong prima facie case of misconduct, conflict of interest, violation of binding government instructions and possible abuse of official position, the letter said.
It also asked the DC to consider disciplinary and vigilance action against SDM Bansal under the conduct rules and other applicable laws.
Bansal had earlier pointed out several irregularities during land acquisition for the Chester Hills housing project in Solan, and recommended action, but a higher-ranking official allegedly suppressed the investigation.
Bansal had also flagged the scale and financial aspects of the project, noting that around 275 bighas were acquired within a short span and developed into housing projects valued at approximately Rs 47.09 crore.
She also recommended a scrutiny by the enforcement and income tax authorities.
Section 118 of the HP Tenancy and Land Reforms Act, 1972, bars non-agriculturist Himachalis from purchasing land in the state.
The matter was exposed by advocate Vinay Sharma through a Facebook post alleging that acting Chief Secretary Sanjay Gupta stopped the Solan DC from taking action on the SDM's report.
He also filed a complaint at the Chhota police station in Shimla in this regard, following which the BJP and the CPI-M demanded the chief secretary's resignation.
However, the DGP's letter said that an examination of the complaint against the SDM revealed that a sum of Rs 40.50 lakh was transferred by Sunil Kumar Bansal, husband of Poonam Bansal, to the account of Arti Nirmohi immediately preceding the execution of a land sale deed.
The property, however, was purchased in the name of third parties, thereby indicating a possible benami arrangement.
Subsequent land transactions revealed a pattern of layering and routing of funds through intermediaries, including transfers routed through third-party accounts on the same day as the execution of sale deeds, suggesting deliberate structuring of financial flows.
The land transactions were allegedly carried out during the pendency of revenue proceedings before the SDM, raising concerns regarding conflict of interest and abuse of official position.
There exists a significant disparity between the declared value and the estimated market value of the properties involved, indicating possible suppression of consideration and use of unaccounted funds, sources said.
Moreover, there was a violation of government instructions on the purchase of property, which explicitly prohibited officials, including the SDM, from purchasing land or immovable property within their jurisdiction in their name or in the name of family members, without prior permission, they added.