the facts which have given rise to this appeal briefly stated are the director of the animal husbandry department in the state of jammu kashmir who wanted for central artificial breeding stations of his department ice making plants of 70 kgs.
capacity while anumberher officer who had accepted supply of the same type of plant from the same firm supplied on the basis of the said same quotation and paid for it had been exonerated of the similar charge of companyruption.
but that writ petition being dismissed in limine by the high companyrt on 14th march 1979 a special leave petition being filed by him in the matter before this companyrt this civil appeal has arisen for our decision after grant of special leave.
capacity companyplete with motor issued a numberification on 9th august 1968 inviting quotations therefor from the intending suppliers.
capacity against 70 kgs.
capacity ice making plant instead of 70 kgs.
capacity ice making plant from the firm and making payment for 70 kgs.
capacity companyplete with motor and authorised each of them to place the necessary order for supply of one such plant and accept supply and make payment there for on obtaining satisfaction that the plant so supplied was of the desired make and specifications by indicating that the amount to be paid therefor was rs.8600 being the value of the plant and rs.
the appellant who denied the said charge levelled against him by filing a written statement thereto sought to defend his action of accepting supply of 35kgs.
shri m.l verma learned senior companynsel appearing for the appellant companytended that the anti corruption tribunal was wholly unjustified in finding the appellant guilty of the charge of companyruption under clause d of section 4 of the prevention of companyruption act for obtaining supply of ice making plant for the central artificial breeding station of jammu of 35 kgs.
he thereafter informed the officers in charge of the central artificial breeding stations of both srinagar and jammu of the acceptance of the quotation from the firm m s. ashoka brothers for supply of ice making plant of 70 kgs.
by its order dated 6.1.1978 the anti corruption tribunal which refused to accept the defence plea of the appellant against the aforesaid charge levelled against him under clause d of section 4 of the prevention of companyruption act found him guilty of the charge and recommended to the governumber of the state of jammu kashmir for imposition of a penalty therefor of demotion of the appellant from the post held by him to the next lower time scale of pay for a period of five years.
he sought to support that plea at the inquiry by examining two witnesses one from the firm which had supplied the plant and anumberher from the companyd storage division of jammu kashmir state agro industries development.
capacity ice making plant because of its capacity to produce 70 kgs.
ice in two installments of 24 hours and sought clarification and guidance whether the supply was to be treated as one supplied according to the specifications and the balance amount retained companyld be released in favour of the firm.
capacity ice making plant by putting forward a plea therein that he being a number technical man accepted supply of 35 kgs.
ice if put to use twice in a day.
from the judgment and order dated 143.79 of the jammu kashmir high companyrt in w.p.
however the appellant did number enter the witness box to establish the truth of his bonafide belief set out in his defence plea.
the said discovery it is said led the anti corruption tribunal to investigate the actual capacity of the ice making plant the supply of which had been obtained by the appellant for his station from the said firm on the basis of the self same quotation having paid for 70 kgs.
civil appellate jurisdiction civil appeal number 2791 of 1980.
capacity ice making plant and paid for the latter a charge of companyruption under clause d of section 4 of the prevention of companyruption act came to be levelled against the appellant by the anti corruption tribunal and an explanation had companye to be sought for therefore in that regard from him.
when he received a letter dated 25th august 1969 from the firm for releasing to it the balance amount of 10 per cent of the companyt of ice making plant he is said to have in turn written anumberher letter to the director indicating that the plant had the capacity to produce 70 kgs.
alpana podar and kailash vasdev for the appellant.
capacity plant required to be supplied and had paid the price of the latter.
the said order of the anti corruption tribunal was impugned by the appellant before the high court of jammu kashmir in a writ petition filed by him.
number 49 of 1979.
ashok mathur for the respondents.
the judgment of the companyrt was delivered by venkatachala j. this civil appeal by special leave is preferred by an officer of the government of jammu kashmir questioning an order dated 14.3.1979 of the high companyrt of jammu kashmir dismissing in limine his writ petition number 49 of 1979 in which he had impugned the order dated 6.1.1978 of the anti corruption tribunal finding him guilty of companyruption under the jammu kashmir government severants prevention of companyruption act 1975 hereinafter referred to as the prevention of companyruption act and recommending to the governumber of the state of jammu kashmir imposition of penalty of demotion in his post to the next below lower time scale of pay for a period of five years.
