KALU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KALU Ram appellant was employed as an Accountant in the office of Punjab State Electricity Board, Pathankot. Kamal Kishore complainant was also posted at Pathankot in Punjab State Electricity Board, Dhar Kalan as S.S.A. Dhar Kalan is Sub Division of Pathankot. The learned Special Judge, Gurdaspur held Kalu Ram appellant guilty of the offence punishable under Section 13(2) of the Prevention of Corruption Act, 1988 read with Section 7 of the said Act for having demanded and receiving Rs. 200/- from Kamal Kishore as illegal gratification by corrupt or illegal means by abusing his position of a public servant.

(2.) THE relevant facts are that Kamal Kishore had earned his increment as a result of which certain arrears were due to him. The appellant was the Accountant and had to do the needful. Complainant Kamal Kishore approached the appellant for arrears of his salary as a result of the increment. The appellant told Kamal Kishore that he was presently going to Patiala and would come back on 9.5.1990. He promised to prepare the papers for arrears provided Rs. 200/- are paid as the bribe.

(3.) INSPECTOR Gurdial Singh who was heading the raiding party immediately came inside and disclosed his identity. The appellant was apprehended. The search of the appellant was conducted. The currency notes were recovered from the right drawer of the table of the appellant. He compared the numbers of the notes with the earlier recorded numbers in the memo. They were found to be the same. The currency notes were taken into possession vide a recovery memo. Thereafter, the appellant was asked to give his hand wash in a solution of Sodium Carbonate. The solution turned pink. It was converted into a clean bottle and sealed. The person of Kalu Ram appellant was searched and Rs. 200/- were recovered. Inspector Gurdial Singh prepared the rough site plan. He took into possession the attendance register and other documents. The arrears vouchers were also sealed. After obtaining the sanction to prosecute the appellant, challan was submitted in court.