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3 years RI, 75000 fine to revenue official in embezzlement case
2/24/2015 11:19:46 PM
Jammu, Feb 24 : Special Judge Anticorruption Jammu Sanjay Dhar today awarded three years rigorous imprisonment and fine Rs 75,000 each to Ram Lal S/o Sardha Ram R/o Bantalab Jammu (the then Mohasib Tehsil Office, Jammu) who was facing trial in embezzlement case.
The accused Ram Lal was posted as Mohasib with Tehsildar Agrarian Reforms Jammu in terms of order No. 101/442-III/4147-94 dt. 22.1.1987 issued by Divisional Commissioner Jammu. On 31.1.1987, accused took over the charge of Mohasib Tehsil officeJammu from his predecessor Bharat Bhushan Gupta.
At that time a sum of Rs. 363070.34 was lying as credit balance in Account No. 4203/G/IInd pertaining to Tehsildar Jammu with J&K Bank Town Hall Jammu and sum of Rs. 932680.96 was lying as credit balance in Account No. 4204/G/IInd pertaining to Tehsildar Agrarian Reforms Jammu with J&K Bank Town Hall Jammu.
According to the VOJ case the total misappropriated amount during the period from 1.4.1989 to 31.12.1989 comes to Rs. 268974.81. On the basis of aforesaid allegations, the prosecution has presented four separate charge sheets alleging commission of offences u/s 5(2) P.C Act r/w Ss. 420,467,468,409 RPC by accused. Vide order dated 2.6.2006, the accused was charged for offences u/s 5(2) r/w 5(1) (c) Prevention of Corruption Act and Ss. 409,420,467,468 RPC in each of the charge sheets.
Special Judge Anticorruption Jammu Mr. Sanjay Dhar today after hearing CPO Harminder Singh for the VOJ observed that Accused in his capacity as Cashier/Mohasib was supposed to be custodian of public money but he, instead of acting as such, himself misappropriated the same.
He has thus failed to protect the legitimate interests of land owners, who must be running from pillar to post to get their dues from the government because of the acts of misappropriation committed by the convict. Keeping in view all these mitigating and aggravating circumstances, the convict in proof of offences u/s 5(2) of P.C Act and 409 RPC is sentenced to undergo rigrous imprisonment for a period of three years and to pay a fine of Rs. 75,000/ on each count. In default of payment of fine accused shall undergo rigrous imprisonment of six months on each count.
In proof of offence u/s 477A RPC accused is sentenced to undergo rigrous imprisonment for a period of one year. All the substantive sentences shall run concurrently.
While awarding Sentence to Ram Lal, Spcecial Judge Anticorruption Jammu Mr. Sanjay Dhar directed Secretary to Government of J&K Revenue Department to hold a regular departmental enquiry regarding the subject matter of these cases against the then Tehsildars Harbans Lal, Qamar Din and Abdul Hafiz and thereafter proceed against the delinquent officers in accordance with law.
A copy of this judgment be also forwarded to Secretary to Government of J&K Revenue Department for compliance.
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