BASANT KUMAR BIHANI Vs. STATE UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Pranjal Krishna, the learned Counsel for the appellant and Sri Shiv P. Shukla, the learned Counsel for the respondent-C.B.I.

(2.) The instant Appeal has been filed challenging the validity of the judgment and order dtd. 31/3/2023 passed by the learned Special Judge (Prevention of Corruption Act), CBI Court No. 3, Lucknow in Criminal Case No. 02 of 2011 titled State versus Basant Kumar Bihani, arising out of RC No. 0062010A002 under Ss. 7 and 13 (2) read with 13 (1) (d), Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'), Police Station CBI/ACB, Lucknow.

(3.) Briefly stated, facts of the case are that Sri Murad Ali, husband of the complainant Noor Fatima, had died on 10/4/2004. On 20/7/2004 Noor Fatima had given a letter stating that she will apply for compassionate appointment of her elder daughter Khushboo as soon as she attains majority. On 2/12/2006 she gave another letter stating that though the elder daughter had attained majority, she did not want to accept compassionate appointment as she wanted to pursue higher studies and she requested that her elder daughter be given appointment after she completes higher studies. On 30/5/2007, Noor Fatima gave another letter stating that as her elder daughter was keen to pursue higher studies, a seat be kept reserved for the younger daughter till she attains majority and completes her education. On 9/5/2008 the appellant's predecessor sent a reply stating that as per the Rules, the younger daughter could not be appointed and the complainant herself can take the appointment.