K. KALAINITHI Vs. STATE

JUDGEMENT

(1.) This appeal challenging the judgment of the Special Judge-cum-Chief Judicial Magistrate, Vellore in Spl.C.C.No.2 of 2003, is preferred by the second accused, who was working as Office Assistant in TAHDCO office at Vellore during the relevant point of time and found guilty of abusing his position as public servant to obtain for himself pecuniary advantage.

(2.) The case of the prosecution is that one Sivakumar[PW-2], who belongs to Adi-dravidar Community, applied for financial assistance to the Tamilnadu Adi- Dravidar Housing and Development Corporation Limited (in short "TAHDCO"), Vellore, on 4/2/2002 and the same wa processed by the office of TAHDCO and PW2-Mr.Sivakumar was called for interview by the Manager, TAHDCO, at his office on 9/2/2002 and later, by the Project Officer at Vellore Collectorate on 28/3/2002. He was informed that the loan of Rs.50,000.00 has been sanctioned to him and asked to receive the cheque letter on 1/4/2002.

(3.) When he went to TAHDCO office on 1/4/2002 to collect the cheque letter, a Clerk by name Mr.Venkatesan(A-1) and Office Assistant by name Mr.K.Kalanithi(A-2) demanded Rs.1,500.00 to give the cheque letter. When he expressed his inability to pay bribe and requested for the cheque letter, they have reduced the demand to Rs.1,000.00 and asked Mr.Sivakumar[PW-2] to bring the money and get his cheque letter. Again, on 3/4/2002 Mr.Sivakumar[P.W.2] met the accused and requested for his cheque letter. The accused have told him, without money, they will not give him the cheque letter. Hence, Mr.Sivakumar[P.W.2] has lodged a complaint before the Inspector of Police, Vigilance and Anti-Corruption on 4/4/2002 reporting the demand of illegal gratification by the accused persons and sought for action.