R.V. Easwar, J.

1. This is an appeal under section 27 of the Prevention of Corruption Act, 1988, hereinafter referred to as the PC Act, read with section 374 of the Cr.P.C., 1973. It is directed against the judgment and order dated 31.08.2002 passed by the Special Judge, Delhi by which the appellant, Hari Kishan Bansal was convicted of the offence under section 12 of the PC Act. The appeal is also directed against the order dated 02.09.2002 by which the Special Judge sentenced the appellant to RI for four years and to pay a fine of Rs.20,000/- and in default to undergo further RI for six months.

2. The appeal arises in the following circumstances. One Subhash Chander was employed as Assistant Manager (Vigilance and Security) in the India Tourism Development Corporation (ITDC) and was posted in Hotel Samrat, Delhi. He also held the additional charge of vigilance and security of Ashok Travels and Tours (ATT) a unit of ITDC. ATT had a panel of tour operators for running LTC (Leave Travel Concession) tours on behalf of ITDC. M/s. R. K. Tourist of Fatehpuri, Delhi of which the appellant herein was the proprietor, was in the said panel. The employees of Bharat Heavy Electrica