INDU BHUSHAN GHOSH Vs. STATE

JUDGEMENT

(1.) The railway track of the O. T. R. between miles 1 to 7/4 and 10 to 15 on the Gonda. Bishesharganj branch required repairs and estimates were prepared and work orders placed in August 1947, The estimated coat of the two pieces of work was Rs. 1093/- (vide. Exs. 5 and 7) and Rs. 857 (vide EXS. 4 and 6) respectively. Ram Sewak was given the contract. At that time J.N. Sanyal was the overseer in that section and it was his business to supervise the work. On 25th September 1947, Mr, Indu Bhushan Ghosh was posted as Assistant Engineer at Bahraich and the work then came under his control.

(2.) The work began on 21st December 1947, and was finished on 24th March 1948. It was measured on the 1st, the nth and the 14th April 1948. Since the work was of a patch work nature, the only way to determine how much earth work had been done was to measure the pits that had been dug at the site to extract the earth. The contract exceeded Rs. 500/- and so the measurements ought to have been done by the Assistant Engineer himself under the rules and we find that the entries of the measurements ware entered in Ex. 8, the measurement book, in the handwriting of Mr, Ghosh. Thereafter, again as required by the rules, Mr. Ghosh prepared two bills for the two pieces of work, both of which were also signed by Sanyal and Ram Sewak. The bills were for Rs. 906/8-(EX. 3) and Rs. 897-11-0 (Ex. 2). They were sent to the Resident Engineer at Gonda, Sardar Bishan Singh, P. W. 3, for his signatures and for payment. Sardar Bishan Singh signed them in due course and passed them on for payment.

(3.) Before payment could be made, Mr. Shafi of the Anti-Corruption Department, received some information, the source of which is not disclosed that false bills had been prepared. He approached the District Magistrate of Bahraich, who deputed Mr. Kazmi, a Magistrate of the 1st clasp, to check. Sardar Bishan Singh, Resident Engineer of Gonda was also informed and he, Mr. Kazmi, Mr. Shafi and Mr. Indu Bhushan Ghosh, proceeded to the places where the repairs were said to have been carried out to verify the entries in the measurement book. Mr. Sanyal was on leave and so he was not present and Ram Sewak also was not present because he was not informed.