- (1.) This civil appeal by special leave is preferred by an officer of the government of Jammu and Kashmir questioning an order dated 14/03/1979 of the High court of Jammu and Kashmir dismissing in limine his Writ Petition No. 49 of 1979, in which he had impugned the order dated 6/01/1978 of the Anti-Corruption tribunal finding him guilty of corruption under the Jammu and Kashmir government Servants Prevention of Corruption Act, 1975, hereinafter referred to as 'the Prevention of Corruption Act' and recommending to the governor of the State of Jammu andkashmir, imposition of penalty of demotion in his post to the next below lower time-scale of pay for a period of Five years.
(2.) The facts which have given rise to this appeal, briefly stated are: The Director of the Animal Husbandry Department in the State of Jammu and Kashmir, who wanted for central Artificial Breeding Stations of his department "ice-making plants of 70 kgs. capacity complete with motor", issued a notification on 9/08/1968 inviting quotations therefor from the intending suppliers. M/s Ashoka Brothers is a Firm which responded to that notification by quoting the lowest rate for supply of such plants needed by the department. The Director accepted that quotation after obtaining necessary approval therefor from a departmental committee set up for the purpose and communicated such acceptance to the said firm. He, thereafter, informed the officers in charge of the Central Artificial Breeding Stations of both Srinagar and Jammu of the acceptance of the quotation from the firm M/s Ashoka Brothers for supply of "ice-making plant of 70 kgs. capacity complete with motor" and authorised each of them to place the necessary order for supply of one such plant and accept supply and make payment therefor on obtaining satisfaction that the plant so supplied was of the desired make and specifications by indicating that the amount to be paid therefor was Rs. 8,600. 00 being the value of the plant, and Rs. 450. 00 being charges of installation of the plant. The appellant, who accordingly placed an order with the firm M/s Ashoka Brothers for supply of the plant covered by the quotation, accepted such supply from the firm on 17/01/1969 and passed for payment the bill of costs relating to the plant subject to retention of Rs. 1,556.72 ps. towards guarantee of proper performance of the plant. Subsequently, the Department of Anti-Corruption of the State of Jammu and Kashmir, which investigated into a complaint against the Officer in charge of the central Artificial Breeding Station, Srinagar, discovered that that Officer had obtained supply of an ice-making plant from the same firm, the aforesaid quotation of which had been accepted, of 35 kgs. capacity icemaking plant as against 70 kgs. capacity plant required to be supplied, and had paid the price of the latter. The said discovery, it is said, led the Anticorruption tribunal to investigate the actual capacity of the ice-making plant the supply of which had been obtained by the appellant for his station from the said firm on the basis of the selfsame quotation, having paid for 70 kgs. capacity plant. That investigation, since disclosed that the appellant had received a 35 kgs. capacity ice-making plant instead of 70 kgs. capacity icemaking plant and paid for the latter, a charge of corruption under clause (d) of Section 4 of the Prevention of Corruption Act came to be levelled against the appellant by the Anti-Corruption tribunal and an explanation had come to be sought for therefor in that regard from him. The appellant, who deniedthe said charge levelled against him by filing a written statement thereto, sought to defend his action of accepting supply of 35 kgs. capacity icemaking plant instead of 70 kgs. capacity ice-making plant from the firm and making payment for 70 kgs. capacity ice-making plant, by putting forward a plea therein that he, being a non-technical man, accepted supply of 35 kgs. capacity ice-making plant from the firm under the bona fide belief that it had to be regarded as 70 kgs. capacity ice-making plant because of its capacity to produce 70 kgs. ice, if put to use twice in a day. He sought to support that plea at the inquiry by examining two witnesses one from the firm which had supplied the plant and another from the Cold Storage Division of Jammu and Kashmir State Agro Industries Development. However, the appellant did not enter the witness-box to establish the truth of his bona fide belief set out in his defence plea.
(3.) By its order dated 6/01/1978, the Anti-Corruption tribunal, which refused to accept the defence plea of the appellant against the aforesaid charge levelled against him under clause (d) of Section 4 of the Prevention of Corruption Act, found him guilty of the charge, and recommended to the governor of the State of Jammu and Kashmir for imposition of a penalty therefor of demotion of the appellant from the post held by him to the next lower time-scale of pay for a period of five years. The said order of the Anti-Corruption tribunal was impugned by the appellant before the High court of Jammu and Kashmir in a writ petition filed by him. But, that writ petition being dismissed in limine by the High court on 14/03/1979, a special leave petition being filed by him in the matter before this court, this civil appeal has arisen for our decision after grant of special leave.;