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The report on illegal mining by Karnataka Lokayukta Justice Santosh Hegde has stepped up the heat on big wigs in the state including Chief Minister B S Yeddyurappa.
The Lokayukta who submitted a voluminous report on Wednesday has recommended action against all those involved under Section 13 (1) of the Prevention of Corruption Act of 1988.
As per the provisions under this section, if the CM or others are found guilty they could face imprisonment for a term which could range between one and seven years.
Since this case involves the CM, it would be appropriate that the Governor of Karnataka, H R Bharadwaj, acts on it.
Lokayukta Santhosh Hegde who spoke to the media after submitting his report said that action against all those involved in the illegal mining scam must be taken based on the provisions mandated under Section 13(1) of the prevention of corruption act of 1988.
Let us take a look at what exactly Section 13 (1) of this act has to say:
Criminal misconduct by a public servant
A public servant is said to commit the offence of criminal misconduct, if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward.
If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned.
If he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person.
If he by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage or by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage.
While holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest.
If he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.
Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.