ASHOK RAJ SINGH PANNU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed by Ashok Raj Singh Pannu, who at the relevant time, was posted as Depot Manager of Pepsu Road Transport Corporation (hereinafter referred to as, 'PRTC') at Barnala. In the present case, FIR Ex.PF/2 was registered on the basis of complaint Ex.PF made by Jagroop Singh PW-1. Jagroop Singh got recorded his statement before Deputy Superintendent of Police, Vigilance Bureau, Sangrur on 27th September, 1994 at 3.15 p.m. In the statement, Jagroop Singh stated that he was posted as a conductor in PRTC and was posted at Barnala Depot since 1973. Due to indisposition, in the month of April, 1994, he could not attend his duty. Thereafter, he had forwarded his leave application for 22nd August, 1994 to 23rd August, 1994. In support of the same, medical certificate was also sent. However, the General Manager, Ashok Raj Singh Pannu, present accused, had marked him absent for the period of three days. A show cause notice was also issued to the complainant Jagroop Singh as to why action be not taken against him for remaining absent from the duty and causing monetary loss to the Corporation. In reply thereto, complainant explained that due to illness, he could not attend the duty and sought forgiveness. The complainant approached the General Manager, Ashok Raj Singh Pannu and requested that show cause notice be filed in the records. However, it is stated that the accused demanded illegal gratification of Rs.2000/-, upon which the complainant requested for mercy and finally the accused agreed to do the needful in case payment of Rs.1000/- was made. The complainant sought time to pay the amount on the next day. The complainant discussed the matter with his colleague Sukhwinder Singh, Driver, who told that bribe should not be paid and accompanied him to approach the Deputy Superintendent of Police for taking action against the accused. At that time, complainant presented ten notes of Rs.100/- each to the Deputy Superintendent of Police. After recording of the statement, necessary proceedings were carried out by the Deputy Superintendent of Police. A memo of the currency notes was prepared, in which numbers of the currency notes were depicted and phenolphthalein powder was applied on the currency notes and thereafter, they were handed over to Jagroop Singh with instructions that they are to be handed over to the accused. Thereafter, water was poured in a glass tumbler and sodium carbonate was stirred in the glass. The colour of the water had not changed. Thereafter, a piece of paper was put in the same and the colour had changed into pink. Other necessary proceedings in consonance with the procedure prescribed were also carried out. Thereafter, police party along with the complainant and shadow witness proceeded to the spot and in the way, they associated Pawan Kumar, Forest Guard, as independent witness. Sukhwinder Singh, shadow witness was instructed to stand behind Jagroop Singh in the office of General Manager, PRTC. They were also instructed that when the accused will accept the amount from Jagroop Singh, then the shadow witness will give signal to the raiding party. It was stated that as per the planning, on receipt of the signal, police party, on acceptance of the amount by the accused, went to the office of the accused. At that time, Jagroop Singh told that the currency notes handed over to the accused have been placed by him in the purse. It was further stated that accused had put the purse in the back pocket of his pant. The Deputy Superintendent of Police then arranged a glass of water and put sodium carbonate in the water, but the colour of the water did not change. Thereafter, he asked the accused to dip his hands in the said glass of water. The colour of water changed into pink and the same was preserved vide Ex.P-1. Personal search of the accused was carried. Tainted currency notes were recovered and the numbers of the notes were tallied with the memo already prepared. Site plan of the spot Ex.PN was also prepared and the accused was arrested. After grant of sanction Ex.PM by the Chairman of PRTC, report under Section 173 Cr.P.C. was submitted. On 9th August, 1995, the Court of Special Judge, Barnala charged the appellant that on 27th September, 1994, in the area of workshop of PRTC, Barnala, where appellant was posted as Acting General Manager, being a public servant demanded Rs.2000/- as illegal gratification and accepted bribe of Rs.1000/-. Therefore, he had committed offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as, 'the Act'). On the same facts, he was also charged for offence under Section 13(2) of the Act.

(2.) The appellant pleaded not guilty and claimed trial. Prosecution examined complainant Jagroop Singh as PW-1, shadow witness Sukhwinder Singh as PW-2 and independent witness Pawan Kumar as PW-3. Darshan Kumar, Superintendent of PRTC Patiala, who proved the sanction Ex.PM granted to prosecute the appellant, was examined as PW-4. Ajmer Singh, Deputy Superintendent of Police, Vigilance, who conducted the investigation, appeared as PW-5. ASI Sohan Lal PW-6 tendered his affidavit Ex.PR to prove link evidence. To similar effect, PW-7 Constable Harbans Singh was examined, who tendered his affidavit Ex.PN. Prosecution gave up Manmohan Singh and Gurdev Singh, other two persons in whose presence the recovery was effected. It will be necessary to give details of the testimony of the witnesses. PW-1 Jagroop Singh stated that in 1993-94, he was posted at PRTC Barnala as Conductor. He became sick on 25th April, 1994 and could not perform his duty. He had sent his medical certificate Ex.PA to the accused, who was then posted as General Manager, Barnala Depot. The accused had issued notice Ex.PB calling upon the complainant to reimburse Rs.4746/- on account of loss suffered by the Corporation due to absence of the complainant. The notice has been proved and exhibited as Ex.PB. Reply Ex.PC to the notice was sent by the complainant. The alleged show cause notice Ex.PB, when translated, read as under: "Recovery notice You Jagroop Singh, Conductor No.S-137, PRTC

(3.) Barnala Depot is posted in Barnala Depot of PRTC. From 25th April, 1994, you had to perform your duty at 5.40 on route No.47B+221, i.e. Barnala to Bias. But you were not present, due to which this time was missed. The total kilometers missed were 517. Thus due to your absence, the Corporation has suffered a monetary loss of Rs.4746/-. While issuing this notice, you are called upon to answer as to why this amount be not recovered from you. You are further called upon to reply to this notice within three days and the reply should reach the undersigned, otherwise you will be proceeded ex- parte and necessary action shall be taken. Sd/- General Manager, Pepsu Road Transport Corporation 11th May, 1994"