LAWS(HPH)-2008-12-5

SUMAN KUMAR Vs. STATE OF H P

Decided On December 20, 2008
SUMAN KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence passed by the learned Special Judge in the corruption Case No. 33 of 1995/1996 decided on 20-6-2001. (A ). Prosecution case.

(2.) APPELLANT Suman Kumar had been working as Junior Engineer in irrigation and public Health (IPH) Sub-Division, Kumarsain with effect from 1978 to 1980. He was in-charge of Dhanadhar Section and was looking after the execution of various water supplies schemes under him. He received many store articles in the course of his official duties and made its entry in the material-at-site (MAS) register Exhibit PW1/k in his own hands. In the month of October, 1980 he was transferred and was succeeded by pw1 Julfi Ram Junior Engineer. The appellant did not hand over the charge of his section to his incumbent, which compelled the executive Engineer of IPH Division Rampur bushehar to issue written orders to the appellant to hand over the charge to his successor. Lastly, the appellant handed over the charge to Julfi Ram aforesaid on 20-10-1980 as per the charge lists Exhibit PW1/a to pw1/h and PW1/j prepared on the basis of MAS register Exhibit PW1/k and material handed over on spot. The shortages found therein were duly reflected in the aforesaid documents which were acknowledged by the appellant under his signatures.

(3.) THE measurement books (MBs)Exhibit PW1/l to PW1/oalso did not reflect the use of the said material found short in the said water supply schemes which were in the hands of the appellant himself.