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| Court frames charges against Railway clerk in misappropriation case | | | Jammu | March 20
Special Judge Anticorruption Jammu Mr. JR Kotwal framed charges of misappropriation of Government money by a senior clerk Ram Paul posted in the office of Section Engineer (Works) Northern Railway Jammu Tawi.
According to the CBI case, on October 30, 2002 accused Ram Paul, while working as senior clerk in the office of section engineer (works) Northern Railway Jammu Tawi, collected Rs 1, 22, 196 as rent of Railway property from its lessee Ghulam Rasool through his attorney Ashok Kumar Sharma and issued the requisite receipt to him. However, instead of depositing the amount in the office of Chief Booking Supervisor, the accused misappropriated the same amount. In order to execute the misappropriation, accused prepared miscellaneous receipt transmit note in 4 files, required to be prepared for depositing such amount in the office of Chief Booking Supervisor and pasted on the back of one of the files, a fake receipt purported to have been issued by the dealing clerk of the chief booking supervisor. CBI after completion of the investigation presented challan in the court of Special Judge Anticorruption Jammu.
Special Judge Anticorruption, after hearing Senior Public Prosecutor Mr. SK Bhat appearing for the CBI and Adv Asha Koul appearing for the accused, observed that Advocate Asha Koul defence counsel submitted that it was the section engineer (works) who had issued the receipt in lieu of the rent, which is clear from the counter file of the receipt, which bears seal and signature of the section engineer. On the other hand, Sr. PP SK Bhat appearing for the CBI had strongly urged that the section engineer had only attested the receipt though it was the accused, who was custodian of the money and was required to discharge his trust by depositing it in the office of Chief Booking Supervisor. On careful consideration of the material on record in particular the counter file of receipt that was issued in lieu of the rent received from Ashok Kumar, statements of the Ashok Kumar and the then Section engineer (works), court is satisfied that there is sufficient reasons to believe that accused collected Government money as rent in October 2002 from attorney holder of the lessee but failed to deposit the said money in the office of Chief Booking Supervisor, which he was supposed to do. Instead he kept on record a forged receipt purported to have been issued by the concerned clerk of the office of Chief Booking Supervisor and thereby fraudulently misappropriated the money. A strong prima-facie case u/s 409, 471 RPC and 5(2) r/w 5(1) (c) of J&K PC Act is made out against the accused and charges are framed and directed the prosecution to lead the evidence on next date of hearing.
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