STATE OF HIMACHAL PRADESH Vs. J.S.PARIHAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 4.4.2005, of learned Special Judge (Forests), Shimla, whereby Respondents J.S. Parihar and others, hereinafter called accused, have been acquitted of offences, under Section 13(2) of the Prevention of Corruption Act, 1988, Sections 4, 5 and 6 of Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 and Sections 218, 420, 467, 468, 47, 465 and 120 -B IPC, with which they were charged.

(2.) ACCUSATION , which led to the trial of the Respondents -accused, may be stated. Nathpa Jhakri Power Corporation, a public undertaking, was allotted a site by the side of Satluj River in Rampur Sub Division of Shimla District, for setting up a Hydro Power Project. In connection with the said project, the Corporation wanted to execute various civil works, which it thought of executing, by engaging various contractors. One such work was construction of 5 metres long retaining wall at Jhakri RD 15 to RD 20 metres. This work was assigned to Respondent Ranjit Thakur, who was a contractor. Respondent J.S. Parihar was Executive Engineer, working with the said Corporation. He was assisted by Respondent Suraj Parkash, Junior Engineer, Respondent Mohan Singh, Head Draughtsman and deceased Man Mohan Sharma, AEE.

(3.) ANOTHER allegation against the Respondents is that in fact entire allotted work had not been executed. In place of 5 metres long retaining wall, which was required to be constructed, only 2.5 metres long retaining wall was constructed.