JASTINDER SINGH Vs. STATE

JUDGEMENT

(1.) The appellant was prosecuted for the offence punishable under Section 5(2) read with Section 5(l)(e) of the Prevention of Corruption Act, 1947 on the allegation that he was found to be in possession of pecuniary resources as on 9.2.1976 disproportionate to his known source of income. Appellant was found guilty of criminal misconduct and he was convicted and sentenced to undergo rigorous imprisonment for one year and he was directed to pay fine of Rs. 1.00 lakhs or in default to further undergo rigorous imprisonment of one year. Appellant joined services with Director General of Technical Development as Junior Field Officer on 10.7.1953 in the pay-scale of Rs. 250.00-500.00 and was promoted as Assistant Development Officer Grade-11 on 7.2.1959 in the pay- scale of Rs. 400.00-600.00. He became Assistant Development Officer Grade-1 on 4.1.1962 and remained on the said post till 7.6.1966 in the pay-scale of Rs. 450.00-950.00. He was promoted as Development Officer w.e.f. 8.6.1966 in the pay scale of Rs. 700.00-1600.00, which was revised to Rs. 1100.00-1800.00.

(2.) It was alleged that appellant while functioning and posted as Development Officer on the Director General of Technical Development w.e.f. 1.6.1970 to 9.2.1976 was found to be in possession of assets/property/pecuniary resources as on 9.2.1976 to the tune of 5,06,393.00 standing either in his name or in the name of his family members and out of that assets worth Rs. 2,80,131.00 was found to be disproportionate to his known source of income after adjusting his total saving of Rs. 2,26,262.00.

(3.) Mr. Sandeep Sethi, learned counsel appearing for the appellant, has challenged the findings of the Trial Court. He has contended that the disproportionate assets found by the Trial Judge after deducting 10% of the amount was Rs. 1,88,700.00 and the appellant had explained each and every item which was wrongly added as an asset of the appellant.