P.C. DHINGON Vs. C.B.I.

JUDGEMENT

(1.) Aggrieved by the order on conviction dated 26.02.1997 and the order on sentence dated 05.03.1997 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for one year and fine of Rs.2,000/- under Section 409 IPC, in default of payment of fine to further undergo simple imprisonment for 60 days; imprisonment for a period of six months under section 477-A IPC and upholding the same by the learned Additional Sessions Judge vide judgment dated 31.07.2008, the present revision petition has been filed by the petitioner.

(2.) Factual matrix, as emerges from the record, is that the petitioner was working as Store Keeper in petrol pump run by Delhi Administration. During the tenure of the petitioner, a complaint dated 24.03.1984 was filed by the Deputy Secretary (Vigilance) in the Anti Corruption Department. A raid was conducted and during investigation, it revealed that about 1,17,489 litres of petrol and 69,764 litres of diesel was found short in the financial year 1983- 84. There was a POL (Petrol) scheme under the Development Commissioner for the development of Agriculture. One Manure and Fertiliser Officer (MFO) used to supervise the supply of sludge, repair of trucks, fuel of truck including petrol pump etc.; MFO was deputed for the work of sludge; there was one store keeper and two attendants. It was alleged that during the period 18.08.1983 to 24.02.1984, the petitioner had worked as store keeper and shortage of 91,626 litres of petrol and 52,519 litres of diesel was noticed; the petitioner got the meter reading of pumps jumped by 67,142 litres in case of petrol and 20,972 in case of diesel; he had manipulated the fair register and covered up the shortage by adding 500/700 litres in daily supplies; he had signed the consignee's receipt certificate which only Sh. S.S. Gupta was authorized to sign. On completion of investigation, CBI filed the charge-sheet.

(3.) Charges under Section 409 and 477A IPC were framed against the petitioner. The petitioner pleaded not guilty to the charges framed.