KRISHNA GUPTA Vs. D D SADHOTRA

JUDGEMENT

(1.) THESE three Civil First Appeals arise out of the judgment and decree dated 22 -9 -1999 passed by the learned Ist Addl District Judge, Jammu, whereby suit for compensation filed by the plaintiff, Sh D.D. Sadhotra has been decreed against the defendants, i.e., State of Jammu and Kashmir; Shri Amrik Singh and one Onkar Nath Thusoo. In the two appeals filed by the State of Jammu & Kashmir and Amrik Singh, the defendants -appellants are seeking setting aside of the judgment and decree of learned trial Court, whereas by the third appeal filed by the plaintiff, Shri D.D. Sadhotra, enhancement of compensation awarded by the learned trial Court is being sought.

(2.) FACTS which are not in dispute are that defendant -Onkar Nath Thusoo lodged a complaint against the plaintiff, Sh D.D. Sadhotra, an I.F.S Officer, with the Anti Corruption Organization, Jammu, leveling allegations of corruption against him, on the basis of which FIR No. 1 of 1976 was registered by the defendant -Amrik Singh, who stood posted as Deputy Superintendent of Police, for commission of the offence under section 5(2) of the Prevention of Corruption Act.

(3.) THE said FIR was also investigated by said Amrik Singh, where after a charge -sheet for seeking trial of the plaintiff, D.D. Sadhotra came to be filed before the Court of Special Judge, Anti Corruption, Jammu. The plaintiff after being charged was put on trial for commission of the said offence. He was, however, acquitted of the charges by the learned trial Court vide its judgment dated 20 -12 -1980.