DILIP KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order of the Special Judge, Dhanbad, dated 15th April, 1994, rejecting the prayer for discharge of the accused-petitioner, in a case where he has been charge-sheeted for having committed an offence under Section 13 (i)(d) of the Prevention of Corruption Act, punishable under Section 13 (2) of the said Act.

(2.) The petitioner i.e. the accused was the Director of Indian School of Mines, Dhanbad at the relevant time. That institution is an autonomous body having the status of a deemed University. Its employees are governed by the Central Government T.A. Rules which were circulated under Memo dated 23-7-1987, by the tho then Registrar, I.S.M. Dhanbad, with a copy to the accused-petitioner. According to the said Rules effective from 1st November, 1986 the petitioner-accused was entitled to a daily allowance (D.A.) of Rs. 80 for his stay in New Delhi being class A city, in case he did not stay in a hotel or made own arrangement for stay. He was entitled to a daily allowance of Rs. 175 in case he stays in a hotel or other establishment providing Boarding and Lodging at schedule tariffs.

(3.) The case of the prosecution is that the petitioner visited New Delhi on official tours during the period from 1-10-1988 to 31-3-1991 and stayed at India International Centre, New Delhi on 30 occassions. However, the prosecution has chargesheeted him only with regard to 3 visits covering the period from 18-4-1990 to 21-4-1990, 11-12-1990 to 13-12-1990 and 14-1-1991 to 18-1-1991. According to the prosecution, at the first visit the accused-petitioner stayed at India International Centre, New Delhi along with another person and at the time of check out on 21-4-1990, the Centre issued a bill for Rs. 449.25 and got the same signed by the accused, who had not made any payment thereof. On his return to Dhanbad, the accused-petitioner submitted his T.A. bill for his stay at New Delhi suppressing the fact of his stay at the Centre which was passed by the office allowing him D.A. at the rate of Rs. 80 and he received an amount of Rs. 282. Later on, the India International Centre forwarded the bill to the institute for the stay of the accused-petitioner, the payment of which was made at the instruction of the petitioner from the fund of contingency through cheque by preparing a voucher dated 21-6-1990.