RAKESH KUMAR CHHABRA Vs. STATE OF H P

JUDGEMENT

(1.) By this common judgment, three appeals, one filed by Rakesh Kumar Chhabra, another by Surinder Mohan Katwal and third by Dr. Vidya Nath, are being disposed of because all these appeals arise out of the same judgment, i.e judgment dated 28.8.2006 of learned Special Judge, Hamirpur, whereby Appellants Surinder Mohan Katwal and Dr. Vidya Nath have been convicted of offences, Under Sections 13(2) of the Prevention of Corruption Act, 1988 and Sections 468, 471, 420 and 120B IPC and Appellant Rakesh Kumar Chhabra of offences, Under Sections 468, 471, 420 and 120B IPC.

(2.) Factual matrix of the case, on which the prosecution case is based, lies in a narrow compass. Appellant Surinder Mohan Katwal was Chairman of Subordinate Staff Selection Board, with headquarters at Hamirpur and Appellant Dr. Vidya Nath was a Member of that Board, during the years 2001 and 2002. There were 238 vacancies of Physical Education Teachers (PET) available in different schools of various Districts of the State. Those posts were advertised. A large number of candidates applied for appointment to those posts. A screening test was conducted on 16.9.2001. Those, who cleared the screening test, were called for ground test, which was conducted on 27.2.2002. Those, who cleared the ground test also, were called for viva-voce test, which was conducted from June, 2002 to August, 2002.

(3.) Appellant Rakesh Kumar Chhabra, who hails from Chamba District of the State, was one of the candidates, who had cleared both the screening test and the ground test. He was called for viva-voce test on 10.7.2002. Two Interview Boards were constituted. One was headed by Appellant Surinder Mohan Katwal, in his capacity as Chairman of the Board and the other by Appellant Dr. Vidya Nath, a Member of the Board.