CHANDERVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.10 dated 5.6.2002 registered at Police Station State Vigilance Bureau, Hisar. Special Judge, vide judgment/ order dated 18.8.2011/ 19.8.2011 convicted and sentenced the appellant qua commission of offence punishable under Section 7 of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, was that certain books etc. were purchased by Director Primary Education Project ( D.P.E.P for short) and payment of approximately 4,25,00,000/- was due in March, 2001. The same had not been released to the suppliers without any valid reasons. During inquiry, it transpired that the appellant had demanded illegal gratification for making payment to the printers namely M/s Nutan Printers, Okhla Industrial Area, New Adlhi, M/s Media Megnatics, Model Basti, New Delhi, M/s Manju Art Printers, Chandidgarh, M/s Monica Printers Pvt, Ltd., Panchkula and M/s High Tech Printing Services, Moginand (Panchkula).

(3.) After investigation of the case, cancellation report was submitted by the investigating agency but the same was not accepted by the Court and the matter was directed to be reinvestigated. Thereafter, it transpired that after receipt of books, appellant had failed to make the payment to any of the firms and had demanded 25% of the amount due, as commission. Appellant had unnecessarily raised objections on the bills and had sent the same to the head office. Thereafter, a committee was constituted and the said committee submitted its report on 22.1.2001 that the payment had been stopped without any reasonable cause. Ajit Singh Sangwan, District Project Coordinator (DPC for short) had made the payment on 14.8.2001 to the tune of Rs. 46,68,530/-. Hence, the appellant, then DPC Jind, had misused his position by demanding 25% as commission on the due amount.