STATE OF H P Vs. DHARAM SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 13.1.2004, of learned Special Judge Sirmaur at Nahan, whereby respondent Ravinder Kumara Rana, employed as Junior Engineer with the Block Development Office and respondent Shyam Lal, Panchayat Secretary, have been acquitted of charge, under Sections 420, 467, 468, 471, 120-B IPC and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) RESPONDENT Ravinder Kumar Rana remained posted as Junior Engineer in Sangrah Development Block during the year 1994-95. Shyam Lal, the other respondent, remained posted as Secretary, Gram Panchayat, Deva Manal during the same period. One Mohan Singh (now dead) moved an application in the year 1994 for grant of money for construction of a house under Indira Awas Yojana. That application is Ext. PW5/E and is dated 4.10.1004. RESPONDENT Ravinder Kumar Rana, in his capacity as Junior, recommended release of first instalment of Rs. 5000/-. This amount was to be released as advance money. Thereafter, an application Ext.PW5/H, dated 7.8.1995, was submitted by Mohan Singh in which it was stated that he had almost completed the construction of house and was in immediate need of Rs. 6000/-. RESPONDENT Ravinder Kumar Rana again recommended the release of Rs. 6000/-.

(3.) AS a matter of fact, Mohan Singh was not eligible for grant of any benefit under Indira Awas Yojana, on account of his name having not been included in the short lists Exts. PW5/B and PW8/C, which were prepared on the basis of a resolution of Gram Panchayat, passed on 26.7.1995.