- (1.) SRI S. K. Gupta is present for the revisionists and SRI Girdhar Nath is present for the C. B. I.
(2.) THIS revision is directed against an order by which charges have been framed against the revisionists under Prevention of Corruption Act. The prosecution case in brief is that the revisionists Ram Avtar and Kishan Lal, who are officers of the Railway in collusion with another employee named Kesar Chand, prepared a false bill for rupees twelve lakhs whereas the bill should have been prepared for rupees one lakh. By conspiring together the contrac tor obtained an over-payment of about eleven lakhs. Learned counsel for the revisionists has argued that the main role attributed in the charge-sheet is that of Kesar Chand, who has prepared the bill. So far as Ram Avtar and Kisnan Lal are con cerned, they were only Supervisory Of ficers who have counter- signed the bill. It is argued that they may have been guilty of negligence but they have not counter signed the bill in a dishonest manner.
(3.) IT is further argued that the con tractor Hira Singh Sobti has obtained an interim order from this Court on 4-6-1998. IT is argued that Hira Singh Sobti was the person who received the amount and when proceedings have been stayed in respect of Hira Singh Sobti the proceedings should also be stayed against Ram Avtar and Kishanlal. It appears from order dated 4-6-1998 that Hira Singh Sobti was given some relief by this Court on the ground that he has refunded the excess amount. There fore, this circumstance cannot be relied upon by Ram Avtar and Kishan Lal.;