STATE OF HIMACHAL PRADESH Vs. G.S.VERMA AND ANOTHER

JUDGEMENT

(1.) This appeal by the State is directed against the judgement dated 30.4.2007 of the learned Special Judge, Chamba, whereby respondents G.S. Verma and Daljeet Sharma, have been acquitted of charge, under Sections 409, 120-B IPC and Section 13(2) of Prevention of Corruption Act, 1988.

(2.) Prosecution case is like this. Respondent G.S. Verma, was working as District Family Welfare Officer, Chamba, during the years 1993 to 1995. Respondent No. 2 Daljeet Sharma was working as Junior Assistant in his office. One of the functions of District Family Welfare Office was to disburse incentive money to those who underwent tubectomy and vescotomy operations and to make payments to the persons undergoing such operations, money used to be withdrawn from the office of Chief Medical Officer, Chamba. The practice was that a request would be made to Chief Medical Officer, Chamba for withdrawal of money from the treasury and the Chief Medical Officer would then consider that request and pass sanction order. On the basis of that sanction order, bill were prepared and submitted to the treasury. PW 8 Ashwani Kumar, working as Cashier in the office of Chief Medical Officer, used to do the job of preparation of bills and withdrawal of money, from the treasury. He would then disburse the money to Daljeet Sharma, Junior Assistant, because the latter used to produce authority letters executed in his favour, by respondent G.S.Verma.

(3.) A sum of Rs. 1,08,000/- was withdrawn by Chief Medical Officer from the treasury, vide bills Ex. P-1 to Ex. P-18, on the request of office of District Family Welfare Officer. Respondent G.S. Verma, who was officiating as District Family Welfare Officer, at the relevant time, authorized respondent Daljeet Sharma to receive the payments of those bills, vide authority letters Ex. P-45, Ex. P-46 and Ex. P-47, pasted at page-88, 92 and 107 of register of disbursement, maintained in the office of Chief Medical Officer. The register is Ex. P-23. The authority letters used to be written by Daljeet Sharma respondent and submitted to respondent G.S. Verma for signatures. On all the three letters, G.S. Verma respondent, before putting his signatures, wrote in green-ink (in which ink he signed those letters) that respondent Daljeet Sharma himself shall be responsible for disbursement and recoupment of amount authorized to be withdrawn by him.