J.C.CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed by Appellant J.C. Chauhan against the judgment dated 27th November, 2002 of learned Special Judge (Forests), Shimla, whereby he has been convicted of offences, under Section 420 of the Indian Penal Code and Section 13(2), read with Section 13(1)(d)(i) of the Prevention of Corruption Act, 1988, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ -, in respect of each of the aforesaid offences.

(2.) CASE of the prosecution, which is not denied even by the Appellant, is like this. Appellant was employed as Junior Engineer with the Himachal Pradesh State Electricity Board. The Board allows Leave Travel Concession facility to its employees. Appellant wanted to avail Leave Travel Concession, alongwith five members of his family, dependent upon him, for which he submitted application Ex. PW -1/C and sought advance TA, to the extent of 80%, as per rules/instructions. Advance was sanctioned. He submitted bill Ex. PW -1/E, after allegedly performing the journey. In the bill, he claimed a sum of Rs. 25,140/ -, on account of travelling expenses, by train, from Shimla to Kanya Kumari and back. A sum of Rs. 19,800/ - had been paid to him earlier, as advance. So, the amount claimed by him in the bill, after adjustment of advance, was to the tune of Rs. 5,340/ -. Alongwith this bill, he submitted Railway tickets Ex. PW -1/G, Ex. PW -1/G -1, Ex. PW -1/G -2 and Ex. PW -1/G -3, in respect of forward journey. As per these tickets, a sum of Rs. 12,540/ - had been paid, on account of Railway fare, for all the six persons, including the Appellant.

(3.) EMPLOYER of the Appellant, i.e. Himachal Pradesh State Electricity Board, came to know about the bungling, even before the registration of case by the Enforcement Department. The Board came to know about the same, when audit was conducted and the Auditor asked for the return tickets, which had not been submitted. They enquired and found that the tickets, with regard to forward journey, had been got cancelled and the refund of fare obtained by the Appellant. Appellant then refunded the entire amount of Leave Travel Concession, together with penal interest.