- (1.) Sukhdev Singh Kahlon was tried by the learned Special Judge, Chandigarh and found to have been in possession of assets disproportionate to his known sources of income to the tune of Rs. 8,34,086.22/- and accordingly convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 on March 30, 1996. He was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000.00. In default, he was further ordered to undergo rigorous imprisonment for three months. Feeling aggrieved the officer has filed the present appeal.
(2.) S. S. Kahlon joined the Ministry of External Affairs, Government of India, New Delhi as Assistant in January 1960. For various periods he was posted at our Embassies/High Commissions at Aden, Bonn, Kathmandu and lastly at Paramaribo (Surinam). He had also had two stints at New Delhi. Sukhdev Singh Kahlon on return from Paramaribo in January 1984 was first appointed Assistant Regional Passport Officer, Chandigarh on April 24, 1984 later promoted as Acting Passport Officer on May 25, 1985. Investigation into his assets was undertaken by the Central Bureau of Investigation, Chandigarh and it revealed that he had assets disproportionate to his known sources of income to the extent of Rs. 10,37,135.76/- as on November 16, 1986. The period of checking of the income, expenditure and assets acquired was from February 10, 1984 to November 16, 1986. The conclusion of the Investigator was that out of this amount, Sukhdev Singh Kahlon had Rs. 2.42, 292.00 lying in 13 saving bank accounts, cash over spent money to the tune of Rs. 3,19,843.76 and he was found in possession of cash to the extent of Rs. 4,75,000.00 as on November 16, 1986.
(3.) The methodology adopted by the Investigator has been given in the charge-sheet filed before the Special Court as also in the judgment of the trial Court. It consists of six separate statements. Statement A is bank balance on February 10, 1984 of Rs. 5679.76. Statement B is the value of the assets possessed on February 10,1984 which had been converted to cash during the check period. This statement showed the total value of such assets at Rs. 2,26,164.58 and included among others the following major items of assets: (i) U. S. $ 6000.64 converted to Rs. 65044.08. (ii) Sale of house No. 178/CR-Model Town Karnal (henceforth referred to as the Karnal House for Rs. 1,50,000.00 Statement C is the statement of income received during the check period from pay, allowances, arrears of pay, T. A. encash, Medical claims, rental income from House No. J-9/17-B, Rajauri Garden, New Delhi (henceforth referred to as the Delhi house), rental income on account of subletting of Government accommodation, sale proceeds of three lottery tickets and sale of gold ornaments. The total income as mentioned as Rs. 2,78,909.06 and includes the following major items: (i) Pay and allowances Rs. 72,694.90, (ii) Rental income from Delhi House Rs. 33,750.00, (iii) Proceeds from lottery ticket Rs. 26,995.00. (iv) Sale of gold ornaments by Gurlal Kaur, S. S. Khlon's mother-in-law Rs. 93,359.00. Statement D. relates to the expenses incurred during the check period to the tune Rs. 6,68,868.14. The main items of expenditures are as under: (i) House rent paid for the check period Rs. 30,700.00 (ii) Expenses on account of shifting of residence Rs. 16855.85. Amounting to Rs. 4,75,000.00 and the assets acquired during the check period was Rs. 18200.00. The amount overspent was shown in statement E and assets acquired during the check period in statement F by adding the overspent amount and the assets acquired, the Investigator reached the figure of Rs. 10,37,135.75 as the assets which were disportionate to the income.;