DALIP SINGH THAPA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned Special Judge, Solan has convicted the appellant, a public servant, for commission of an offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" in short) and sentenced him to undergo rigorous imprisonment for one year and also to pay Rs. 10,000/- as fine under Section 7 of the Act and to undergo rigorous imprisonment for one year and also to pay Rs. 10,000/- as fine under Section 13(1)(d) read with Section 13(2) of the Act vide judgment dated 27.9.2011 in Corruption Case No.4-S/7 of 2010. It is this judgment which is under challenge in the present appeal on several grounds, however, mainly that the Court below has not appreciated the evidence available on record in its right perspective and, as such, the impugned judgment allegedly being illegal and factually unsustainable, has been sought to be quashed and set aside.

(2.) The accused was initially appointed as Fireman in the Department of Fire Services, Himachal Pradesh in the year 1975 vide appointment letter Ex.PW-4/A. Subsequently, he was promoted to the rank of Sub Fire Officer and posted as Officer In-charge, Fire Station, Baddi, District Solan vide office order dated 19th July, 2007, Ex.PW-4/B. Amongst other duties and functions attached to the post held by him, he used to recommend the issuance of 'NOC' in favour of those industrial units, having fire extinguisher equipments in their premises, as required under the norms. Shri Sunil Sharma, complainant (PW-1) is Proprietor of M/s National Fire Tech. Industries, Baddi. He allegedly installed 44 number of fire extinguisher equipments in the premises of M/s Ratnasagar Herbal (P) Ltd., Baddi. The Management of the firm made an application Ex.P-23/Ex.P-18 dated 26.5.2009 to the accused- Sub Fire Officer for issuance of 'NOC' in respect of installation of various types of fire extinguisher equipments in sufficient quantity by them in their factory. Annexed thereto were the documents, i.e. copy of bill Ex.P-19/ Ex.P-24, letters dated 28.4.2009 and 12.5.2009, Ex.P-20 & Ex.P-21/Ex.P-25 & 26 of Petroleum and Explosives Safety Organisation, Seminary Hills, Nagpur, list of raw materials Ex.P-22/Ex.P-27.

(3.) The allegations against the appellant-accused (hereinafter referred to as 'the accused' for short) are that on account of dillydally attitude, the issuance of NOC could not be expedited despite the complainant-PW-1, who as agreed upon with M/s Ratnasagar Herbals (P) Ltd., was under an obligation to get the NOC issued in favour of the said firm qua installation of sufficient number of fire extinguisher equipments in its premises, visited the accused on 2/3 occasions. Also that on 5.8.2009 when the complainant accompanied by his Manager, Shri Maithili Saran Prasher (PW-2) went to the office of accused, he demanded a sum of Rs. 10,000/- for the issuance of NOC. The complainant, however, was not in favour of making payment of any amount as bribe for the issuance of NOC by the accused, being a part of his official duty, therefore, they decided to report the matter to the police.