STATE OF HIMACHAL PRADESH Vs. G.S.VERMA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 30.4.2007 of the learned Special Judge, Chamba, whereby respondents G.S. Verma and Daljeet Sharma, have been acquitted of charge, under Sections 409, 120 -B IPC and Section 13(2) of Prevention of Corruption Act, 1988.

(2.) PROSECUTION case is like this. Respondent G.S. Verma, was working as District Family Welfare Officer, Chamba, during the years 1993 to 1995. Respondent No. 2 Daljeet Sharma was working as Junior Assistant in his office. One of the functions of District Family Welfare Office was to disburse incentive money to those who underwent tubectomy and vescotomy operations and to make payments to the persons undergoing such operations, money used to be withdrawn from the office of Chief Medical Officer, Chamba. The practice was that a request would be made to Chief Medical Officer, Chamba for withdrawal of money from the treasury and the Chief Medical Officer would then consider that request and pass sanction order. On the basis of that sanction order, bill were prepared and submitted to the treasury. PW 8 Ashwani Kumar, working as Cashier in the office of Chief Medical Officer, used to do the job of preparation of bills and withdrawal of money, from the treasury. He would then disburse the money to Daljeet Sharma, Junior Assistant, because the latter used to produce authority letters executed in his favour, by respondent G.S.Verma.

(3.) RESPONDENT Daljeet Sharma on the strength of the aforesaid authority letters, withdrew the money by putting his signatures in the disbursement register Ex. P -23, which signatures are marked Q -1 to Q -17.