TILAK RAJ CHAWLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE revisionist, by means of present criminal revision, seeks to set aside the charges framed against him by learned trial court on 22.08.2013. Two separate charges for the offences punishable under Sections 406, 467, 471 of IPC read with Section 120B of IPC and Section 30(1)(e)(2) of the Prevention of Corruption Act, were framed against the present revisionist and other co -accused, to which they pleaded not guilty and claimed trial. Only present revisionist has assailed the said charge against him.

(2.) THE first charge against the present revisionist is that he gave permission to sell the property of M/s. Uttarakhand Woollen Yarn Industry (for short, M/s. Uttarakhand Woollens), which was mortgaged in favour of Uttar Pradesh Finance Corporation, in his capacity as Manager (Finance), between 27.03.1984 to 10.09.1992, and thereby, caused loss to Uttar Pradesh Finance Corporation, and earned undue benefit out of it.

(3.) THE contention of learned counsel for the revisionist is that the proposal for sale of part assets was approved, subject to certain terms and conditions, by C. Kishore, Regional Manager of Uttar Pradesh Finance Corporation, and conveyed to M/s. Uttarakhand Woollens vide letter dated 09.03.1992. Present revisionist was posted as Manager (Technical) Uttar Pradesh Finance Corporation on 09.03.1992. He had no concern with the approval of sale of part assets of M/s. Uttarakhand Woollens. Annexure -2 to the revision bears testimony to this effect. Condition No. 10 in the letter dated 09.03.1992 was that the local formalities will be completed immediately to the entire satisfaction of the Law department of Dehradun regional office of Uttar Pradesh Finance Corporation. Learned counsel for the revisionist submitted that the revisionist was although posted in Dehradun regional office of Uttar Pradesh Finance Corporation, but was not posted in the Law department. He was posted as Deputy Manager, Technical.