MUSHTAQ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) A charge sheet came to be filed before the Special Judge, Anti -Corruption, Srinagar on 27 -12 -2004 under section 120 -B read with 420, 467 and 468 RPC and under Section 5(1) (d) read with 5(2) of J&K, Prevention of Corruption Act, 2006. The allegation contained in the charge sheet are that on application of one Smt Jehan Ara W/o Ab. Rashid Khan R/o 2/F Tulsi Bagh, who had dully filled up and signed the form, for STD PCO, same was sanctioned under STD phone No. 437015 and was installed at the address of respondent No. 2, who is accused No. 1 in the case, on a shop adjoining Gowher Book Depot, Radio Colony, Rajbagh on 20.03.1998. Payments of bills were made on regular basis till 02 -04 -1999.

(2.) ON 22 -04 -2009, the indicator No. 437015 was changed to indicator No. 457213 without any change in its location and the installation of PCO consequent to the change of exchange area from Barzulla to Srinagar Exchange. On its shifting to Srinagar Exchange the indicator No. 457213 was created as an ordinary telephone connection and not as STD PCO connection from 22 -04 -1999, result thereof was that the said number was not included in the regular fortnightly meter reading applicable for STD PCOs. The said number exists in the monthly/by monthly meter reading statement lists of ordinary telephones for the period from 04/1999 to 08/2002. The meter reading of the said STD PCO were not being sent to AO(TR), Srinagar due to absence of TTX category. However, regular fortnightly meter reading were being sent to AO(TR), Srinagar for billing as STD PCO Telephone for onward transmission to DOT Soft, Jammu.

(3.) THE fact was that from 22 -04 -1999 the telephone No. 457213 which was originally 437015 was not included in fortnightly meter reading applicable for STD PCO, obviously for the reason of it not being included in STD PCO Category. It was detected after the billing system was changed to DOT SOFT that amount of Rs 8,56,173/ - was pending payment by the franchisee. Accordingly the consolidated bill was raised and issued to Smt Jehan Ara, who refused to pay the bill by saying that no STD PCO was sanctioned or run by her.