KAILASH CHANDRA PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional District and Sessions Judge and Special Judge, 3rd Court, Barasat, 24 Parganas(N) in Special Case No. 2 of 1997, whereby and whereunder the appellant was convicted for an offence punishable under section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer an imprisonment for one year and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month more.

(2.) The facts leading to the filing of prosecution against the present appellant are as under: On May 23, 1996, one Sri Shankar Prasad Sengupta (PW 3), the Proprietor of M/s. Rakshak Security Services lodged a complaint before the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Calcutta, stating that he was awarded a cleaning contract at New Domestic Terminal Complex at Netaji Subhas Chandra Bose International Airport, Calcutta vide Award letter dated 3rd December 1994 of two years with effect from December 21, 1994. As per practice, he was required to submit the bills in the office of DGM (Airport) and thereafter the bills on presentation were processed by the House Keeping Department functioning under the appellant.

(3.) The House Keeping Department after due process put up the bills with the appellant who was the final authority in passing of the bills for payment.