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2016 Supreme(SC) 1548

V.GOPALA GOWDA, R.BANUMATHI
Surinder Mohan Katwal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Kuber Bodh, Ms. Ambika Matta, Mr. Navandeep Singh Matta, Mr. Niraj Gupta, Mr. Kamlendra Mishra, Mr. Jayant Bhushan, Mr. Vikas Mahajan, Mr. Amit Mehta, Mr. Vinod Sharma, Mr. Vishal Mahajan, Mr. Amarnath Singh and Mr. Bhaskar Y. Kulkarni, Mr. Ajay Bansal, Mr. Ansar Ahmad Chaudhary, AOR and Mr. Gaurav Yadav
For the Respondents: Mr. Suryanarayana Singh, Ms. Pragati Neekhra, Mr. Varinder Kumar Sharma and Mr. Anish Kumar Gupta

ORDER :

R. Banumathi, J.

This appeal arises out of the judgment of High Court of Himachal Pradesh in Criminal Appeal No. 3 of 2006 dated 11.03.2011 confirming the conviction of the appellant under Sections 468 and 471 I.P.C. and the sentence of imprisonment of one year imposed on him. The High Court acquitted the appellant of charges under Section 13(2) of the Prevention of Corruption Act and other offences he was charged of.

2. Brief facts which lead to the filing of this Criminal Appeal are as follows: In the year 1999, appellant S.M. Katwal was working as Chairman of Himachal Pradesh Subordinate Services Selection Board (HPSSSB). Number of vacancies of Vidya Upasaks (a category of teachers came to be advertised in the year 2000. The recruitment was carried out in two stages viz., written test and viva-voce. Merit lists were prepared wherein the names, marks obtained in written test and marks obtained in viva-voce were indicated, which are earmarked as Exts. P-97 to P-100, Ext. P-102 to 105, Ext. P-107 to 111, Ext. 113 to 116, Ext. 118 to 121, Ext. P-123, Ext. P-125 to 128, Ext.130 to 132, Ext. 134 to 137 and Ext.138 to 145. On conclusion of viva voce test and such proceeding on the








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