ROSHAN LAL JASTA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed by Appellant Roshan Lal Jasta 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 '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 Senior Assistant 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 three 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/F, after allegedly performing the journey. In the bill, he claimed a sum of '16,264/-, on account of travelling expenses, by train, from Shimla to Kanya Kumari and back. A sum of '12,000/- 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 '4,264/-. Alongwith this bill, he submitted Railway tickets Ex. PW-1/J-1, Ex. PW-1/J-4, in respect of forward journey. As per these tickets, a sum of '8,092/- had been paid, on account of Railway fare, for all the four persons, including the Appellant.

(3.) Enforcement Department of the State came to know through some undisclosed source that the Appellant had submitted a bogus claim, regarding availment of Leave Travel Concession and in fact he had not only not travelled to the destination, shown in the LTC bill, but had in fact got the Railway tickets, with regard to forward journey cancelled and taken refund of Railway fare from the Railways. Matter was investigated. Investigation revealed that though Railway tickets submitted with the bill, i.e. Ex. PW-1/J-1 to Ex. PW-1/J-4, had been initially purchased but they had been got cancelled subsequently and the refund of fare had been received by the Appellant.