STATE OF HIMACHAL PRADESH Vs. MEET SINGH SODHI

JUDGEMENT

(1.) STATE has appealed against the judgment dated 29.04.2010, of Learned Special Judge, Kinnaur at Rampur Bushahr, where by, Respondents Meet Singh and Sarab Dayal, working as Junior Engineers with the Himachal Pradesh State Electricity Board, at the relevant time, have been acquitted of charge, under Sections 409, 420, 468, 471 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act.

(2.) ALLEGATIONS , on which the Respondents were put on trial, may be noticed. Respondents were working as Junior Engineers in Sub Division Baragaon, Kumar sain during the period from 01.02.1995 to 31.05.1995, when a number of labourers were engaged by them for executing certain works in Malendi Sub -section of Baragaon Sub Division. They paid the wages of those labourers, after making relevant entries in the muster rolls. In August/September, those labourers became entitled to payment of some more amount of money, on account of enhancement of wages, with retrospective effect. A sum of Rs. 90,000/ - was to be disbursed to the labourers, on account of enhancement of wages, hereinafter referred to as arrears of wages. Respondents are alleged to have mis -appropriated the aforesaid amount of money and to cover up the act of mis -appropriation, they allegedly forged the signatures of labourers on the back side of muster rolls Ex. PW -2/A, Ex. PW -3/A, Ex. PW -24/A -1, Ex. PW -24/A -2 and Ex. PW -24/A -3.

(3.) ON receipt of the aforesaid opinion from the handwriting expert, investigating agency applied to the disciplinary authority of the Respondents for according sanction to prosecute them, under Section 13 of the Prevention of Corruption Act and on receipt of such sanction, report under Section 173 of the Code of Criminal Procedure alongwith relevant papers was filed in the Court of Learned Special Judge. Respondents were charged with the aforesaid offences by the Learned Special Judge. They pleaded not guilty to the charge and were, therefore, put on trial.