NARAYANLAL TANDAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Introductory:

(2.) It is not disputed in the case that accused Narayanlal Tandan was promoted as Deputy Registrar, Cooperative Societies, Jabalpur and assumed charge of aforesaid post on 09.03.2000. He worked on aforesaid post till 5.12.2000. It is also not disputed that Audit Officer, B. M. Khare (DW-1) had inquired into the irregularities committed by Purusharthi Housing Society, Jabalpur (hereinafter referred to in this judgment as 'the Society') and had submitted his report (Ex.P/34). On the basis of aforesaid report, accused Narayanlal had given a Show Cause Notice dated 25.09.2000 (Ex.P/19) to the President of the Society. Notice (Ex.P/19) mentioned 35 irregularities committed by the Society. It is also not in dispute that the accused was transferred from Madhya Pradesh to the successor State of Chhattisgarh by order dated 14.12.2000. In compliance with aforesaid order, the accused took charge as Additional Registrar Cooperative Societies, Raipur (Chhattisgarh) on 13.12.2000.

(3.) (A) Apart from aforesaid undisputed facts, the case of the prosecution was that till 28.09.2000, complainant Vinod Kumar Duggal (PW-6) was member of Managing Committee of the Society. On 28.09.2000, he was removed from the membership of the Society by accused Narayanlal Tandan, without assigning any reasons. When complainant Vinod Kumar personally requested accused Narayanlal on 30.09.2000, he demanded Rs.25,000/- by way of bribe. He threatened that if the bribe was not paid he would dissolve the Society, for which he had already issued a notice. Since, the accused did not want to pay the bribe and instead wanted the accused to be caught red-handed at the time of accepting the bribe of Rs.10,000/- by way of first installment, he lodged a report in the office of Superintendent of Police, Special Police Establishment Lokayukt, Jabalpur, on 01.10.2000 (Ex.P/3). The Superintendent of Police registered an offence and directed Inspector M.L. Verma (PW-8) to conduct investigation. Inspector M. L. Verma summoned two panch witnesses, namely, D. P. Rohit, Assistant Engineer, Rani Awanti Bai, Sagar Project Bargi Hills, Jabalpur, (PW-4) and Assistant District Excise Officer, Jabalpur D.N. Chaturvedi (PW-3). When these panch witnesses appeared in the office of Superintendent of Police, they were introduced to complainant Vinod Kumar and were given the report (Ex.P/3) to read. Panch witnesses D.N. Chaturvedi (PW-3) and D. P. Rohit (PW-4) made inquiries from complainant Vinod Kumar (PW-6) and verified from him that the allegations leveled in the report (Ex.P/3), were true. After verification of the report, Investigating Officer M.L. Verma (PW-8) registered an offence (0/2000) under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to in the judgment as the 'Act'). Complainant Vinod Kumar (PW-6) produced 20 currency notes of the denomination of Rs.500/- each. In this regard, panchnama (Ex.P/4) was prepared. Panch witness D.P. Rohit prepared a list of the number of aforesaid currency notes on a piece of paper (Ex.P/8) and initialed each currency note.