1. One Peer Shafrief-ud-din filed complaint before Superintendent of Police Vigilance Organization, Srinagar on 28th Sept. 2001, stating therein that in the year 1990-2000, he was working as Clerk (Munshi) in the shop of one Bashir Ahmad Dar who is carrying on business in Fruit Mandi, under the name and style of M/s Dar Fruit Growers. The period of employment expired on 31st of March 2000, whereaf­ter his employer threw him out of job. It was also complained that entire salary including bonus etc remained deposited with the employer who in order to gob­ble-up the same did not pay it to him, which constrained him to file a claim before the Dy Labour Commissioner under Payment of Wages Act (for short the Authority) on 15th May 2000 wherein a prayer was made for issuance of direction to Bashir Ahmad Dar for payment of wages etc to the complainant.

It was also stated in the complaint that after the evidence was lead on both the sides before the Authority, it was proved that the complainant was paid only the amount which was due to him for having worked overtime, whereas the salary, bonus etc was not paid to him. It was also complained that on 12th Sept. 2000, the Authority prepared award for an amount of Rs.90,000/- and was placed on the file. The amount of Rs.15,000/- was demanded as illegal gratification. It was further complained that since the complainant was idle person he could notpay the amount to the clerk Ab. Hamid Lone (for short the appellant). It was also alleged that before this, the complainant paid an amount of Rs.3,000/- to the appellant whereafter the appellant did not give the copy of the order to the complainant and instead took the complainant to his employer for negotiating a compromise. It was also alleged that the appellant took some amount from the employer of the complainant and told the complainant the award amount will be deposi ted by the employer with the Authority.

It was also complained that on 15th Feb. 2001 an award of Rs.16000/- was prepared and notice was sent to employer of the complainant directing him to deposit the aforementioned amount up to 16th March 2001 with the Authority. It was also complained that thereafter an application was filed before the Authority requesting him for release of the amount of Rs.16,000/- but the disbursement was delayed to enable the employer to file appeal which appeal was ultimately dis­missed by Additional District Judge, Srinagar. On 18th Sept. 2001. Cheque for an amount of Rs.16,000/- was received by the complainant on which the appellant demanded the amount of Rs.3,000/- from the complainant which complainant paid to him. It was also stated in the complaint that on 27th Sept. 2001 he filed an application for issuance of copy of the file which was marked by the Authority but the appellant delayed issuance of copy and made further demand of Rs.1,000/- as illegal gratification. The complainant, though, brought the demanded bribe amount with him but approached the Vigilance Organization Kashmir (VOK) and re­quested for initiating action in the matter and also requested that steps be taken for paying back the amount to the complainant and action be initiated against the appellant.

It is this complaint which became basis for registration of case FIR 25 of 2001. Investigating team was constituted which was headed by Dy. S.P Mr. Badana. The amount brought by the complainant was in the denomination of one note of Rs. 500/- and five notes of Rs. 100/-. On these currency notes phenolphthalein powder was sprinkled and notes were returned to the complainant. Demonstrations were conducted, Ab. Majid Beigh Naib TehsilJar Magistrate was included as part of the team as an independent witness. In a glass of water one spoon of sodium carbonate was mixed and the Magistrate was asked to dip the fingers of his both hands in the said water. The colour did not change. Thereafter complainant was asked to dip his fingers, as the complainant had handled the currency notes which were smea

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