DELHI ADMN Vs. SATISH CHAND SHARMA

JUDGEMENT

(1.) The respondent, Satish Chand Sharma, was charged under Section 5(l,)(d) of the Prevention of Corruption Act, 1947, for an offence punishable under Section 5(2) and he was also charged under Section 161, Indian Penal Code, by the Special Judge Delhi, and was finally acquitted of the charges by his order dated 28th May, 1976. Aggrieved by the acquittal of the respondent, State has come in appeal.

(2.) To begin with, the charge against the respondent is as under :

(3.) Stating in a little detail, prosecution's case is based on the cornplaint of one Shri Jaswant Singh, Proprietor M/s. Khalsa Tyre Soles, Rohtak Road, Delhi. The respondent on the relevant date, i.e. 20th December, 1974, was employed as Engineering Supervisor (Automobiles Modern Bakeries, Delhi Unit), a Government of India Enterprises, New Delhi, (hereinafter for short known as 'enterprise'). The complainant on the relevant date was engaged in resoling the vehicular tyres of the aforesaid enterprise for four years. The work was being allotted to him on the basis of lowest quotations. On submission of the bills he used to receive payment through cheques. The case of the prosecution is that the respondent used to create obstacles in the payment of his bills with a view to pressurise him to grease his palm. This according to the complainant was being done by the respondent by not verifying the bills as without the verification of the bills by the respondent the bills were not being passed for payment.