RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of learned Special Judge, Shimla, whereby he has been convicted of offences, under Sections 409, 468 and 471 IPC, and Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ -; in default of payment of fine to undergo simple imprisonment for a further period of two months, in respect of offence under Section 409 IPC, rigorous imprisonment for one year and fine of Rs. 500/ -, in default of payment of fine, to undergo simple imprisonment for a further period of four months, in respect of each of the offences, under Sections 468 and 471 IPC and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/ -; in default of payment of fine to undergo simple imprisonment for a further period of four months, in respect of offence, under Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) PROSECUTION case, which led to the charging, trial and finally conviction and sentencing of the appellant, may be summed up thus. Appellant was employed as a Male Health Supervisor in DDU Hospital at Shimla. He submitted an application Ext. PW2/A, some time in the year 1989, for availing Leave Travel Concession (LTC), alongwith his family members, comprising of his wife, three sons and a daughter. He applied for advance of Rs. 6,000/ -, but was paid Rs. 5,000/ - only. As per this application, he was to travel from Shimla to Darbhanga and back. After performing journey, he was supposed to submit final claim and in case any amount of money remained in balance with him out of the advance of Rs. 5,000/ -, taken by him, the same was required to be refunded, at the time of submission of the final claim. Journey was performed by the appellant and his above named family members in three phases, as per bill of claim Ext. PW5/K, submitted by him. As per this bill, he, his wife and a son performed the journey from Shimla to Darbhanga and back from 21st July, 1989 to 27th July, 1989. Two of his sons performed the journey from 13th August to 18th August, 1989. In the third phase, his mother and a son performed journey from 5th September, 1989 to 16th September, 1989. Bill was submitted to PW2 Dr. Hardev Singh, CMO, Rippon Hospital, Shimla. He found some discrepancy in the bill and forwarded the same to PW -3 Dr. C.L. Malhotra, who was the Director Health Services, at the relevant time. He entertained some suspicion about the genuineness of the claim and referred the matter to Director (Vigilance), vide letter Ext. PW3/A, dated 22nd December, 1990. Inquiry conducted by the staff of the Director (Vigilance) revealed that wife of the appellant, who is employed as a Senior Assistant in H.P. Secretariat, had been attending the office and had not taken any leave for the period from 21st July, 1989 to 27th July, 1989, when according to claim bill Ext. PW5/K, she travelled with the appellant.

(3.) I have heard the learned Counsel for the appellant as also the learned Deputy Advocate General and gone through the record.