KAILASH NATH HALDIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Dr. Kailash Nath Haldiya against a judgment of the learned Special Judge, Jaipur City, by which he was convicted under sec. 420, I. P. C. and sec. 5 (1) (d) read with sec. 5 (2) of the Prevention of Corruption Act and sentenced to undergo simple imprisonment for a period of one year on the first count and to suffer simple imprisonment for one year and to pay a fine of Rs. 100/-, in default of payment of fine to undergo further simple imprisonment for three months on the second count. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) THE prosecution case against the appellant was that he was working on the post of Superintending Medical Officer, National Smallpox Eradication Programme Unit, Jaipur during the period between 13-6-1964 and 15-6-1964 (both days inclusive ). While functioning as such, he started from Jaipur in the morning of 13-6-1964 in a Government owned jeep-car No. MRB 483 (now RSL 1871) driven by Shrichandu Lal driver, on the pretext of touring the area within his jurisdiction on official duty. Instead of utilising the said Government-owned jeep-car for his official tour, he took it to Rewari, which is situated outside the territory of the State of Rajasthan. He reached Rewari in the evening and stayed there till morning of 15-6-1964, on the occasion of marriage of his relative. He returned from Rewari on 15-61964 along with his family consisting of two sons, two daughters and one sister-in-law. At Rewari the appellant purchased 52 1/2 litres of petrol from the shop of his father-in-law on credit as is evident from the account- books of the said shop. On his way back to Jaipur, the appellant issued a petrol coupon No. 230 dated 15-5-1964 to M/s. Jhandi Prasad Parmeshwarlal, petrol dealer at Shahpura, for purchasing 51-1/2 litres of petrol and one litre of mobil oil in Government account, but instead of taking petrol and mobil oil for his jeep-car, he sold the same through the Munim of the said firm and dishonestly pocketed the sale proceeds thereof. Likewise Dr. Haldia issued on 15-6-1964 one more petrol coupon No. 229 dated 14 6-64 for obtaining 50 litres of petrol on Government account in order to create false evidence that this quantity of petrol was purchased by him on 14-6-1964, though in fact it was got on 15-6-1964. Dr. Haldiya, however, suppressed the fact of having taken Government owned jeep-car to Rewari by omitting to make necessary entries in the log book of the said jeep-car and fraudulently made false entries in the log-book in his own hand-writing and signatures in order to show that he had gone on tour in the area within his jurisdiction. He further made false entries about his visit to Bandikui in the log-book on 16-6-1964 in order to cover up the mileage undetaken in his trip to Rewari. In this manner, he cheated the Rajasthan Govt. by abusing his official position. He further obtained illegal pecuniary advantage for himself by submitting false T. A. & D. A. bills of his tours from 13-6-64 to 16-6-64 showing therein his visits to Dausa Lalsot, Bilona, Shivasinghpura, Ramgarh, Dausa, and night halt at Bandikui on 13-6-1964, to Baswa, Rajgarh, Alwar, Kotputli, Rajnota. Shahpura and night halt at Kotputli on 14-6-64 and from Jaipur to Kotputli on 15-6-64 and, in this manner, he dishonestly drew daily allowance of four days from the Govt. treasury, although he knew it well that such trips were never undertaken by him in his official capacity.