BRIJKUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) This is a misc. petition under S. 482, Cr. P.C. against the order of learned Special Judge, Anti-Corruption cases, Udaipur passed on 6-9-1996 by which he framed charge under S. 409 read with S. 210-B, IPC and u/S. 5(1)(d)(2) read with S. 5(2) of Prevention of Corruption Act.

(2.) I have heard the learned counsel for the petitioner as well as learned P. P.

(3.) The case of the prosecution is that one Ramesh Chandra Dedor and petitioner were working in the Panchayat Samiti, Girwa. The petitioner was Vikas Adhikari while Ramesh Chandra was working as Jr. Engineer. Girwa was declared as a famine striken area and famine works commenced w.e.f. 20-5-88 which came to an end on 15-7-87 when a declaration was made that no more famine work should continue. In all a sanction of Rs. 1,60,000/- was given by the government to be spent for the famine work. Out of it Rs. 79,000/- was to be spent towards the materials and Rs. 81,000/- were sanctioned for famine relief work. It is said that upto 15-7-88 out of Rs. 81, 000/- sanctioned for labour purposes, a sum of Rs. 80,980/- was already spent but towards the purchase of materials a sum of Rs. 18,346.74 was spent in excess of the sanctioned amount for which Ramesh Chand Dedor did not take sanction of the government nor of Panchayat Samiti. On 26-8-1988 Ramesh Chandra made an application to the petitioner for issuing 70 bags of cement as the plaster work had remained incomplete and as the monsoon season was on the property might be damaged due to rains. It is alleged that on an application of Ramesh Chandra a sanction was given and it was ordered that 50 bags of cement may be issued. After receipt of 50 bags of cement from the store on the application of Shri Dedor, he was transferred from that place. 50 bags of cement was not utilised by Ramesh Chandra. A complaint was filed before the Anti Corruption department and thorough investigation was done and challan presented. Special Judge, Anti Corruption framed charge as stated above.