M. AMRATHA KUMAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 31 -12 -2012 passed by the Special Judge, Prevention of Corruption Act, 1988, East and North Sikkim at Gangtok in S. T. (Vig.) Case No.1 of 2002 by which the Appellant was convicted and sentenced for offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (in short the 'Act of 1988') punishable under Section 13(2) thereof.

(2.) THE Appellant was a Junior Engineer in the erstwhile Gangtok Municipal Corporation since the month of November, 1976, later in the Urban Development & Housing Department and the Education Department of the Government of Sikkim. At the time when the charge - sheet was filed, he was working in the Irrigation Department.

(3.) (i). During the course of the investigation, it was revealed that the Appellant was initially appointed in the then Gangtok Municipal Corporation in the post of Supervisor on a fixed pay of Rs.230/ - per month on 01 - 11 -1976 and later got into regular service with effect from 06 -10 -1977 in the pay scale of Rs.270 -405. He was promoted as Overseer on 09 -03 -1982. He was granted advancement scale of Rs.1820 -3200 with effect from 29 - 06 -1995. On the abolition of the Gangtok Municipal M. Amratha Kumar vs. State of Sikkim Corporation in 1985 its functions, powers and duties stood transferred to and vested in the State Government. As a consequence every regular employee in the Corporation became an employee of the State Government and by virtue of this the Appellant continued to be a public servant as defined under Section 2(c)(i) of the Prevention of Corruption Act, 1947 (in short the 'Act of 1947') read with Clause Twelfth (a) of Section 21 of the Indian Penal Code, 1860 (in short the 'IPC') and under Section 2(c)(i) of the Act of 1988. The inference about the financial background of the Appellant could be drawn from the fact that on 17 -11 -1976 he had applied for a cash loan of Rs.100/ - on account of some domestic problem and had applied for an advance of Rs.500/ - on 03 -02 -1977 for the marriage of his sister. The start of the check period was fixed at 01 -01 -1984 and the end of it taken as 31 -08 - 1997. (ii). The investigation commenced with a search conducted in the residence of the Appellant at his home town Cochin, Kerala, on 08 -01 -1999 during which a large number of incriminating documents were recovered and seized and a list of household items found during the M. Amratha Kumar vs. State of Sikkim search was prepared. Searches were also conducted in the Office room of the Appellant located in his shopping complex at Nedumudy, Alleppey district, Kerala on 19 -09 - 2000 and at room no.3 of UD&HD shopping Complex at Development Area, Gangtok, Sikkim. The total salary drawn by the Appellant during the check period was Rs.2,26,011.60. Assets of the Appellant at the beginning of the period of check, assets at the close of the period of check, income during the period of check and the items of expenditure during the period of check as revealed during the investigation have been found set out in Statements 'A', 'B', 'C' and 'D' respectively. On the basis of the above, the summary of statements and their final outcome were worked out as under: - (a) Assets held at the close of the Statement 'B' Rs. 78,63,761.65 period of check as on 31 -08 - 1997 (b) Less: Assets held at the Statement 'A' Rs. 2,889.75 beginning of the period of check as on 01 -01 -1984 (c) Assets acquired during the = Rs. 78,60,871.90 period of check (d) Add: Expenses during the Statement 'D' Rs. 7,73,392.35 period of check (e) Total assets and expenses = Rs. 86,34,264.25 during the period of check (f) Less: Income during the Statement 'C' Rs. 10,68,211.44 period of check (g) Extent of disproportionate = Rs. 75,66,052.81 assets during the check period SAY - Rs.75,66,000.00 M. Amratha Kumar vs. State of Sikkim