STATE OF HIMACHAL PRADESH Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) State of Himachal Pradesh is in appeal against judgment of acquittal dtd. 31/10/2015, passed by learned Special Judge (Forest), Shimla, H.P., in Sessions Trial No. 4-S/7 of 2013.

(2.) The Himachal Pradesh State Co-operative Bank (for short, 'the bank') had invited applications for filling up 12 posts (later increased to 26) of officers in the bank by way of selection process including written and viva-voce test. The process of selection so undertaken came under scanner and the respondents herein were charged and prosecuted as under:

(3.) Respondents No. 1, 3 and 4 were charged for offences under Ss. 420, 467, 468, 471, 218, 120-B of the Indian Penal Code and Sec. 13(2) of the Prevention of Corruption Act. It was alleged against them that in the year 2000, respondent No.1, Bharat Bhushan was the Managing Director, Himachal Pradesh State Cooperative Bank (for short, 'the bank') and the respondents No. 3 and 4 were its President and Director respectively. These respondents along with one Sh. K.S. Dhaulta were nominated as members of the interview board (for short, 'the board') constituted for the purposes of conducting viva-voce test of candidates for the post of officers in the Bank. It was also alleged that respondents No. 1, 3 and 4 entered into a criminal conspiracy with respondent No. 5 and despite the fact that respondent No. 5 had remained absent at the time of viva-voce, still he was awarded marks by the board that resulted in his selection as officer in the bank.