RAMSAGAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 5, Clause 1 read with Clause 3 of the Prevention of Corruption Act (Act II of 1947) and sentenced to a rigorous imprisonment for three years and a fine of Rs. 500/-, in default to six months' rigorous imprisonment, by the Special Judge of Bhagalpur. THE learned Judge found, after giving a liberal allowance for the known sources of income of the appellant, that he was in possession of a minimum amount of Rs. 52298/6/3 and that he failed to account satisfactorily for it,

(2.) THE facts leading to the prosecution of the appellant are these : THE appellant joined Government service in 1942 as a teacher in the Reformatory School at Hazaribagh on a pay of Rs. 125/- per month. In July, 1945 he became a lecturer in mechanics in the Agricultural College at Sabaur. He served in that capacity till 30-11-1949 and from 1-12-1949 he became Mechanical Assistant Engineer at Sabaur. He continued to be so till 31-8-1952 after which he reverted to the post of lecturer in mechanics. THE appellant belonged to the interior of district Champaran and his means and resources were limited. His father was old and had no employment, whereas his younger brother was serving as 'a post master of a branch post office on a monthly salary of Rs. 25/- per month. THE appellant had two wives, the first one lived with her father-in-law whereas the second one lived with the appellant. THE appellant had one daughter from the first wife and one son aged about 18 years, on(c) daughter aged about 15 years- and another issue of young age from his second wife. His wives had no assets of their own and they had to depend on the appellant for their maintenance. It appears that fortune favoured the appellant and he turned a new leaf in course of about 2 years, 1951-52. THE enquiry revealed the following:

(3.) ON 18th April, 1957, P.W. 23 submitted a charge-sheet against the appellant indicating therein that the appellant was in possession of pecuniary resources quite disproportionate to his known source of income which he failed to account for satisfactorily; he received money by corrupt or illegal means by abusing his position as a public servant and as such he committed the offence of criminal misconduct as defined in Section 5 of the Prevention of Corruption Act. In these circumstances he mentioned that a prima facie case under Sub-section (2) read with Sub-section (3) of Section 5 of the said Act had been made out against the appellant. It appears that on 7th May, 1957 the Superintendent of Police sent another letter Exhibit 34 to the Secretary to the Government of Bihar, Development Department, Patna, requesting him to obtain sanction of the Government under Section 197 of the Criminal Procedure Code as well. ON receipt of this letter, sanction Exhibit 29/1 was again granted on 25th June, 1957 in the following terms: Whereas the Governor of Bihar has considered the facts stated in the First Information Report and the letter No. 1195 Cr. dated the 25th March, 1957, of the Superintendent of Police, Bhagalpur, addressed to the Secretary to the Government of Bihar, Development Department (copy enclosed) through the Commissioner, Bhagalpur Division and Whereas the Governor of Bihar has reasons to believe, on the consideration of the facts mentioned in the aforesaid documents, that Shri Ram Sagar Pandit, Lecturer (now under suspension) Sabour Agricultural College, Bhagalpur, has committed offences under Clause (2) read with Clause (3) of Section 5 of the Prevention of Corruption Act, 1947 (Act II of 1947). Now, therefore, in partial modification of the sanction accorded in Government Order No. 1136 dated the 11th April, 1957, the Governor of Bihar, in pursuance of the provisions laid down in Section 6 of the said Act and under Section 197 of Criminal Procedure Code, is pleased to accord sanction to the prosecution of the aforesaid Shri Earn Sagar Pandit under the said section. A copy each of the letter of the Superintendent of Police, Bhagalpur, and the First Information Report of the ease is attached herewith. By order of the Governor of Bihar Sd/. H. N. Thakur, 25-6-1957 Joint Secretary to Government.