STATEOF HIMACHAL PRADESH Vs. INDER MOHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal recorded by the learned Special Judge (Forests), Shimla, dated 23rd May, 2003.

(2.) Respondent-lnder Mohan, hereinafter referred to as 'the accused,' was tried by the learned Special Judge, Shimla for offences punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short). The learned Special Judge acquitted the accused by his impugned Judgment.

(3.) Prosecution case : Accused was posted as Senior Assistant in the Education Branch of HP Secretariat. Complainant, Om Parkash, was a Junior Basic Teacher in the year 2001 and posted in Government Primary School Thalathar of District Shimla. He belongs to village Bainia, Tehsil Barsar of District Hamirpur. The complainant was interested in his transfer from the aforesaid school to any other school in the District of Bilaspur, under 5% Transfer Quota of the Transfer Policy. The complainant made a representation (Ex. P.W. 3/A) along with the medical certificate to the Director Education (Primary) to the Government of Himachal Pradesh for his transfer in the District of Bilaspur.