the date of demand in the FIR and corrections have been explained by the Inspector of Police during investigation and such correction has not caused any prejudice to the accused. He would further submit that the it is not necessary to be a member of Panchayat to make construction of culvert, since the construction of culvert is for the common use of the Public and the 2nd respondent is also one of the beneficiary of the proposed culvert and therefore, the Panchayat President, taking into consideration of the above and keeping the uses of common people in mind, has passed the Resolution and obtained the rough estimate from the Block Development Officer (Village Panchayat concerned) and submitted them before the Executive Engineer, PWD/WRO, Chittar Basis Division, Tenkasi, along with his petition for obtaining 'No Objection Certificate', since the proposed work is construction of culvert across the PWD Irrigation canal and only after obtaining NOC from PWD authorities, the regular proceedings for the proposed construction of culvert would be done by the other agency like BDO etc., The above said file was forwarded to the Assistant Executive Engineer, PWD / WRO, Chittar Basin Sub Division, Tenkasi and he had sent the said file to the petitioner / accused for spot verification and report and as such, the petitioner / accused, without authority to verify the spot and to forward his report to the Executive Engineer of the said Department, in the course of executing his duty to verify the spot and forwarding his report in connection with the construction of the above said culvert across PWD canal has demanded and received the bribe amount of Rs.50,000/-, as part payment and it is further contended that the documents ie., the RTI Report relied by the accused cannot be acted upon at this stage without evidence of the concerned official, since those documents are subject matter of trial and BDO (Village Panchayat) is the competent authority to deal with the matter in relation to Village Panchyat, since the Senthamaram Village comes under the jurisdiction of Village Panchayat.
