STATE OF MAHARASHTRA Vs. NAYANKUMAR SHIVAPPA WAGHMARE

JUDGEMENT

(1.) Challenge in this appeal is to judgment of acquittal rendered by learned Special Judge, Osmanabad in Special Case No. 03/1993 whereby the respondent - Nayankumar Shivappa Waghmare came to be acquitted for offence punishable Under Section 7 read with 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) The respondent was attached to Finance Section of Zilla Parishad, Osmanabad. He was dealing with Government Provident Fund and pension cases of retired staff members. Mirabai Narayanrao Deshpande (PW-10) was employed as Chief Sevika in Ekatmik Bal Vikas Yojna (Integrated Child Development Scheme), in Panchayat Samiti Office, Bhoom. She opted for voluntary retirement in 1992 due to her physical ailments. She had not received arrears of the Provident Fund amount and pensionary benefits. On 16.11.1992, she had filed an application with Panchayat Samiti, Bhoom to grant her the pensionary benefits. Since she was unable to move here and there, due to ailments, she gave an authority letter to her brother-Anant Deshmukh (PW-9) to pursue the work of realization of the pensionary benefits. She is a widow and has no issue. She was residing with her brother at Bhoom since some months before her retirement. Anant Deshmukh (PW-9) resides at Pune. He was previously member of Armed Forces. After his retirement, he is employed in private sector at Pune. He assured Mirabai that he would look after her work of pensionary benefits.

(3.) Briefly stated, the prosecution case is that Anant Deshmukh (PW-9) visited office of Zilla Parishad, Osmanabad from November 1992 till fag end of January 1993 on various occasions. He contacted the respondent in the context of the work about pensionary benefits payable to his sister. On 19th January 1993 he met the respondent and enquired about the relevant file, pertaining to the pension papers of his sister. The respondent informed him that the relevant file was not received by his office. Though search was taken, yet the relevant papers and the file could not be located. A clerical staff member advised him to obtain outward number of the forwarding letter from the office of Panchayat Samiti, Bhoom. So, on next day, i.e. on 20th January 1993, he went to Bhoom and obtained the outward number of the forwarding letter sent to the Zilla Parishad, Osmanabad. Thereafter, on 21st January 1993 he again visited the office of the Zilla Parishad and got confirmed that the forwarding letter was received along with the file by office of the Zilla Parishad. He met the respondent but again received the same reply that the file was not with the latter. He then met the Office Superintendent and requested both of them to search the relevant file. The file was subsequently located. The respondent told him to obtain no dues certificate from Block Development Officer, Panchayat Samiti, Bhoom along with the GPF statement of his sister for the year 1987-88, which was missing. The respondent further advised him to obtain a letter of his sister that she was ready to accept the GPF amount excluding the missing credits for 1987-88 because it could have taken considerable time to reconcile the missing credits of that year. He then went to Panchayat Samiti, Bhoom and obtained no dues certificate in the morning along with required letter of his sister, requesting to issue authorization for drawl of the GPF amount, excluding the missing credits for the year 1987-88. He again contacted the respondent on the same day and delivered the no dues certificate and the letter of his sister.