ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. S.K. Agarwal, the learned Sr. Advocate assisted by Mr. Gajendra Tripathi, the learned Counsel for the applicant and Mr. Arvind Vashistha, the learned Counsel for the opposite party.

(2.) The first information report was lodged alleging therein that a criminal conspiracy was hatched by the applicant, who was the Sub Divisional Engineer (OCB) in B.S.N.L. Ramnagar, Roorkee alongwith the other private persons and has duped the B.S.N.L. to the tune of several crores of rupees by illegally activating un-metered I.S.D. facilities on four landline numbers. It is alleged that the applicant tampered the computer of Ramnagar Exchange and enabled the landline numbers to make un-metered I.S.D. calls to three African Nations, which resulted in causing loss to B.S.N.L. and unlawful gain to the applicant.

(3.) Upon investigation, it was found that the computer could only be hacked by using the official passwords. The class four password remains with the Divisional Engineer and the class ten password remains with the Sub Divisional Engineer i.e. the applicant. The investigation reveals that the class four passwords was in the possession of the applicant which he had misused as is clear from the logbook, which has been made available.