HARI KISHAN BANSAL Vs. C.B.I.

JUDGEMENT

(1.) This is an appeal under section 27 of the Prevention of Corruption Act, 1988, hereinafter referred to as the PC Act, read with section 374 of the Cr.P.C., 1973. It is directed against the judgment and order dated 31.08.2002 passed by the Special Judge, Delhi by which the appellant, Hari Kishan Bansal was convicted of the offence under section 12 of the PC Act. The appeal is also directed against the order dated 02.09.2002 by which the Special Judge sentenced the appellant to RI for four years and to pay a fine of Rs. 20,000/- and in default to undergo further RI for six months.

(2.) The appeal arises in the following circumstances. One Subhash Chander was employed as Assistant Manager (Vigilance and Security) in the India Tourism Development Corporation (ITDC) and was posted in Hotel Samrat, Delhi. He also held the additional charge of vigilance and security of Ashok Travels and Tours (ATT) a unit of ITDC. ATT had a panel of tour operators for running LTC (Leave Travel Concession) tours on behalf of ITDC. M/s. R. K. Tourist of Fatehpuri, Delhi of which the appellant herein was the proprietor, was in the said panel. The employees of Bharat Heavy Electricals Ltd. (BHEL), Haridwar, had engaged the coaches belonging to R.K. Tourist for their LTC Tours. There was information received by Subhash Chander, who is the complainant in this case, on 12.08.1994 that the employees of BHEL were claiming false LTC showing documents that they had travelled in ITDC coaches without actually travelling and this was done with the connivance of the appellant herein.

(3.) Acting on the complaint, Subhash Chander, the complainant, left Delhi and reached Haridwar for a surprise check on the night intervening 13.08.1994 and 14.08.1994. It would appear that he found only 8 buses out of 15 buses scheduled to leave Haridwar on LTC tours for different places; he made a check of the passengers in the 8 coaches with the help of the list of passengers provided by ATT and found that 128 passengers who were supposed to be in those 8 buses were not present, though listed to travel.