BALKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Tails are caught and heads are left free. Anti corruption crack down on the Patwari, Chaprasi, Constable or clerk, by having stray catch of small fishes, leaving crocodiles, exhibits the 'Crocodile tears modusoperandi, Of the Anti Corruption authorities in India. Such crack downs on the lowest at the ladder, whether would eradicate corruption or provide a nuclear umbrella to high ups and to phrase of corrupts, by completing statistical requirement and thus comaflaguing the real corrupt source, is a question outside the scope of "Judicial review and is left to be discussed and debated by the legislators and policy makers of the country. Ironically or incidentally, I am again required to adjudicate fate of "Patwari".

(2.) An anti-corruption trap and consequent incident dated 20th Dec., 1969 of taking bribe of Rs. 20.00 by appellant Balkishan, Patwari, in the Revenue Department of the State of Rajasthan, has given rise to this appeal before this Court. The appeal had a chequred carrer after the conviction by Special Judge, Jaipur (Anti corruption Department cases) under Sec. 161 I.P.C. and Sec. 5(1)(d) of the Prevention of corruption Act, 1947 and sentenced to rigorous imprisonment for one year and a fine, on each count and to further undergo rigorous imprisonment for two months under each count in default of payment of fine.

(3.) This appeal was filed at Jodhpur in 1973. On the establishment of the Bench, the appeal was transferred to this Court at Jaipur. An application was filed by Mr. R.P. Vyas, the learned counsel for the appellant praying that this appeal may be kept for hearing at Jodhpur but the same was dismissed in default as per details given in the order dated 5th Aug., 1980.