Y MANGAPATI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) Heard learned counsel for the parties. The appellant was convicted for an offence under section 420 Indian Penal Code and S. 5 (2) and 5 (1) (d) of the Prevention of Corruption Act on the allegation that he employed his own son as casual laborer and thereby caused unlawful loss to the department, as wages were paid to him during the period he was employed.

(3.) But it is clear from the evidence that infect the son of the appellant did work and it is only for the work done by him that he was paid wages as a casual laborer. It is also not in dispute that the appellant had the authority to appoint casual laborers and there was no prohibition, to appoint his son as a casual laborer.