Corruption convictions require incontrovertible evidence; mere allegations without substantial proof are insufficient for establishing public servant misconduct.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. The aforesaid 03 Appeals arise from the Judgment dated 29.10.2015 whereby the Appellants-Sanjay Kumar Jain, C.B. Singh, S.N. Goel have been convicted for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the “P.C. Act”) and Section 420 read with Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”); and the Order on Sentence dated 02.11.2015 whereby the 03 Appellants have been sentenced to undergo imprisonment for 02 years along with fine of Rs.5,000/- under Sections13(1)(d) and 13(2) IPC while they have been sentenced to 02 years RI along with fine of Rs.10,000/-, each for the offence punishable under Sections 420/120B IPC.

2. The Criminal Appeal No. 239/2016 has been filed by the State for enhancement of the sentence awarded to the 03 Appellants.

3. Briefly stated two Work Orders, namely, Work Order No. 186 dated 10.07.1998 for repair of road in F-Block, Shastri Nagar in CLZ, SH: M/P near F-1 to F-16 and F-47 to Nag Mandir Road for Rs.33,569/- and Work Order No. 535 dated 24.12.1998 for repair of road in Shehzada Bagh in C- 120/CLZ, SH: Imp by patch repair on Subhdara Colony to Indralok in C- 120, CLZ for Rs.1,55,000/-, were awarded to M/s Universal Sanitary Emporium, Delhi of which Ashok Kumar Gupta was the sole Proprietor.

4. According to the Work Orders, the Contractor Ashok Kumar Gupta was required to use fresh Bitumen purchased from Bharat Petroleum/Indian Oil/Hindustan Petroleum as approved by Engineer-in-Chief. It was to be arranged by the Contractor and the fresh receipt in original in proof thereof, was to be submitted to the Municipal Corporation of Delhi (MCD).

5. The case of the Prosecution was that Ashok Kumar Gupta, the Contractor used substandard unauthorised Bitumen for execution of the Work Orders. The Appellants- S.N. Goel, Junior Engineer (JE), Sanjay Kumar Jain, Assistant Engineer (AE) and C.B. Singh, Executive Engineer (EE), respectively in Division No. XVI, Civil Lines Zone, Municipal Corporation of Delhi (MCD), entered into criminal conspiracy with M/s Universal Sanitary Emporium, Delhi through its Proprietor Ashok Kumar Gupta, and passed the bills and released the payments to Ashok Kumar Gupta thereby causing pecuniary gain to him and loss to MCD in discharge of their official duties by corrupt means. By clearing the bills of Rs.1.75 Lacs without any Invoices from authorised Oil Company of Government of India, these bills were passed and payments released to Ashok Kumar Gupta dishonestly by the 03 Officers of MCD; thereby they all committed offence punishable under Sections 420/120B IPC and also committed offence punishable under Sections 13(1)(d) read with Section 13(2) PC Act.

6. On completion of investigations, Chargesheet was filed in the Trial Court. Charges were accordingly, framed on 08.04.2011 against the Appellants punishable under Section 13(1)(d) read with Section 13(2) PC Act and Section 420 read with Section 120B IPC.

7. Prosecution examined total 22 Prosecution witnesses in support of its case.

8. PW-1 ASI K.L. Meena registered the FIR Ex. PW-1/A.

9. PW-3 ACP Rajender Singh Manku deposed about the registration of FIR against the Appellants and Ashok Kumar Gupta on the basis of information received from reliable sources. Investigations were duly carried out and the requisite information and statement of the witnesses were recorded.

10. PW-6 Pradeep Sharma, the Tender Clerk in the year 1998-99 proved the copy of the Work Order No. 186