SAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sajjan Singh, son of Chanda Singh, joined the service of the Punjab Government in January 1922 as an Overseer in the Irrigation Department. He continued as Overseer till July 1944 when he became a Sub-Divisional Officer in the Department. From that date till May 1947 he worked as Sub-Divisional Officer in that part of Punjab which has now gone to West Pakistan. From November 30, 1947 to September 26, 1952 he was employed as Sub-Divisional Officer of Drauli Sub-Division of the Nangal Circle, except for a short break from November 8, 1950 to April 3, 1951, when he was on leave. The work of excavation for the Nangal Project within the Drauli Sub-Division was carried out by several contractors, including Ramdas Chhankanda Ram and M/s. Ramdas Jagdish Ram. On December 7, 1952, the General Manager, Bhakra Dam, made a complaint in writing to the Superintendent of Police, Ho shiarpur, alleging that Sajjan Singh and some other officials subordinate to him had by illegal and corrupt means and by abusing their position as public servants, dishonestly and fraudulently, obtained illegal gratification from the contractors Ramdas Chhankanda Ram and M/s. Ram Das Jagdish Ram by withholding their payments and putting various obstacles in the smooth execution of the work entrusted to them. A case under S. 5(2) of the Prevention of Corruption Act, 1947 was registered on the basis of this complaint, which was treated as a first information report and after sanction of the Government of Punjab had been obtained for the prosecution of Sajjan Singh under S. 5(2) of the Prevention of Corruption Act and S. 161/165 of the Indian Penal Code, Sajjan Singh was tried by the Special Judge, Ambala, on a charge under S. 5(2) of the Act.

(2.) The learned Special Judge convicted him under S. 5(2) of the Prevention of Corruption Act and sentenced him to rigorous imprisonment for one year and a fine of Rs. 5000/- in default of payment of fine, he was directed to undergo rigorous imprisonment for six months. The conviction and sentence were confirmed by the Punjab High Court, on appeal. The High Court however rejected the State's application for enhancement of the sentence. The present appeal is by Sajjan Singh against his conviction and sentence under S. 5(2) of the Prevention of Corruption Act by special leave of this Court.

(3.) The prosecution case is that after work had been done by the firm Ramdas Chhankandas for several months, and some 'running' payments had been received without difficulty, the appellant demanded from Ram Das, one of the partners of the firm, his commission on the cheques issued to the partnership firm. It is said that Ram Das at first refused. But, ultimately when the appellant started unnecessary criticism of the work done by them and even withholding some running payments the partners of the firm decided to pay commission to him as demanded. The first payment, it is said, was made on March 21, 1949 and further payments were thereafter made from time to time. The case is that the partnership paid altogether a sum of Rs. 10,500/- in cash as commission to the appellant, besides paying Rs. 2,000/- to him for payment to the Executive Engineer and Rs. 241/12/- made up of small sums paid on different occasions on behalf of the accused. All these payments made to the appellant were fully entered in the regular Rokar and Khata Bhais of the partnership under a fictions name of Jhalu Singh, Jamadar, though a few of the later payments were entered in these books in Sajjan Singh's own name. In order to allay suspicion some fictitious credit entries were also made in the books. The prosecution also alleged payment to the appellant of Rs. 1,800/- by another firm M/s. Ram Das Jagdish Ram. But as that has not been found to be proved it is unnecessary to mention details of the allegations in that connection.