Quid Pro Quo: The Corrupt Nexus of Vehicle Registration Fraud

The Back-Scratching Bureaucracy: A Case of Fraud in Chandigarh

A blatant case of bureaucratic corruption and fraud has come to light involving PJP Singh Waraich, the Registrar of NIPER Mohali, and Jitender Kumar Chandel, the Deputy Registrar (Finance & Accounts). The duo engaged in a fraudulent act to secure a Chandigarh-based vehicle registration, evading hefty registration fees.

In an attempt to register his vehicle in Chandigarh, Mr. Waraich sought the assistance of Mr. Chandel, who misrepresented himself as Deputy Registrar (Administration & Purchase) instead of his actual designation of Deputy Registrar (Finance & Accounts). A residential certificate was then issued by Mr. Chandel, falsely listing a Chandigarh address despite Mr. Waraich’s known permanent residence in Kurukshetra and his official stay at NIPER Mohali.

Chandigarh, a Union Territory, has significantly lower vehicle registration charges compared to Mohali, Punjab. To exploit this disparity, individuals fraudulently register vehicles using Chandigarh addresses. Mr. Waraich’s vehicle, an XUV W10 FUD with registration number CH-01-BK-5169, was purchased on December 9, 2016, for Rs. 14,75,516 from Raj Vehicles, Mohali. By falsely registering it in Chandigarh, Mr. Waraich evaded registration fees amounting to over a lakh rupee.

The fraudulent address used for the registration, House No. 3074, Sector 21-D, Chandigarh, belonged to Mr. Jagdeep Singh, a businessman running Parex Pharmaceuticals Pvt. Ltd. in Mohali. In return for providing his address, Mr. Jagdeep Singh was granted a senior functionary position at the Small and Medium Pharma Industries Center (SMPIC) at NIPER Mohali.

Notably, Mr. Jagdeep Singh had earlier submitted an affidavit in favor of Mr. Waraich in Civil Suit No. 82 of 2013, indicating a long-standing relationship between the two. His residential address was publicly available as Parex Consultancy, Office No. 3074, Sector 21-D, Chandigarh.

The Modus Operandi

1. Mr. Chandel issued a fake residential certificate to Mr. Waraich, allowing him to register his car in Chandigarh.
2. The address used for registration belonged to Mr. Jagdeep Singh, who benefited by securing a senior position at NIPER Mohali.
3. Mr. Waraich, despite residing at NIPER Mohali and having a permanent address in Kurukshetra, fraudulently obtained Chandigarh vehicle registration.
4. This act resulted in tax evasion, as Mohali RLA lost the rightful registration fee.
5. The potential scale of the fraud remains unknown, as it is possible that Mr. Chandel issued multiple fake certificates.

The issue of the fake certificate issued by Mr. Chandel and about beneficiary – Mr. Waraich, was raised by Mr. Satinder Singh, a noted Criminal Lawyer and BJP Councillor: –

Media reports reveal that the issue of fake certificate by Mr. Jitender Kumar Chandel was raised by Mr. Satinder Singh, a noted Criminal Lawyer and BJP Councillor. Mr. Satinder Singh raised this issue with the Governor, State Transport Secretary, Deputy Commissioner as well as RLA, Chandigarh.

The Larger Implications

The chargesheet issued by Dr. Raghuram Rao Akkinepally to Mr. Chandel had a specific charge regarding issue of the certificate for car registration by Mr. Waraich at a Chandigarh address.

Notable point was that “The said certificate did not have proper proof of dispatch and issuance, indicating that the factum of issuance of said certificate was kept a closely guarded secret all through”.

This fraud raises serious concerns about the integrity of officials at prestigious institutions like NIPER Mohali. The implications extend beyond financial loss, as such fraudulent practices could be exploited for far more sinister activities.

• What if such certificates were issued to non-employees for monetary gain?
• What if a terrorist obtained such a certificate and used the vehicle for nefarious purposes?

Failure of Legal Action and Cover-Up

Despite the blatant fraud, no FIR has been registered in Chandigarh or Mohali under Section 420 of the Bharatiya Nyaya Sanhita (BNS). The offenses include:

• Forgery and Misrepresentation: Issuing a fake certificate and misrepresenting a designation.
• Tax Evasion: Registering the vehicle in Chandigarh instead of Mohali.
• Fraud Against the State: Depriving Punjab of rightful tax revenue.

Furthermore, despite departmental action leading to the suspension of both Mr. Waraich and Mr. Chandel by Dr. Raghuram Rao Akkinepally, Mr. Chandel was later reinstated as Deputy Registrar (F&A), with his inquiry being stalled under the leadership of Dr. V. M. Katoch.

The Legal Framework

The case qualifies for legal action under multiple sections of Bhartiya Nyaya Sanhita (BNS), 2003:

• Section 59: Public servant concealing design to commit offense which it is his duty to prevent
• Section 204: Personating a public servant (6 months to 3 years imprisonment)
• Section 217: False information to public servants
• Section 234: Issuing or signing false certificate
• Section 235: Using as true a certificate known to be false
• Section 239: Intentional omission to give information of offence by person bound to inform
• Section 318, 318 (1): Cheating by deception
• Section 318 (erstwhile iconic Section 420 of Indian Penal Code, 1860): Cheating and dishonestly inducing delivery of property (up to seven years imprisonment and fine)
• Section 318 (2): Punishment for cheating (up to one-year imprisonment)
• Section 335: Making a false document

The Need for Accountability

This case exemplifies how corruption infiltrates even esteemed institutions, allowing individuals to manipulate the system for personal gain. The following actions must be taken:

1. A Thorough Investigation: Authorities should examine whether multiple fake certificates were issued.
2. Strict Legal Action: FIRs must be registered against Mr. Waraich, Mr. Chandel, and Mr. Jagdeep Singh.
3. Departmental Reform: Strengthening oversight mechanisms within NIPER Mohali and other government institutions.
4. Tax Recovery: Recovering the evaded registration fees from Mr. Waraich.

RTO of Chandigarh and Punjab along with the Director, SAS Nagar (Mohali) is expected to initiate the action even if car has been sold or disposed of.

Despite clear evidence of fraud, the perpetrators remain unpunished, raising serious concerns about the enforcement of anti-corruption measures. This case serves as a glaring example of how high-ranking officials manipulate the system for personal benefit. Without strict legal consequences, such fraudulent activities will continue unchecked, compromising institutional integrity and financial fairness.

The authorities must act decisively to ensure that justice is served and to deter similar fraudulent activities in the future.