The prosecution examined ten witnesses and in defence, the appellant examined three witnesses.
10 of 1999/2005 by which the Special Judge companyvicted the appellant under Sections 7 and 13 of the Prevention of Corruption Act, 1988 hereinafter referred to as the P.C. Act and sentenced him to undergo rigorous imprisonment for a period of two years and a fine of Rs.1000/ under Section 7 and rigorous imprisonment of two years and a fine of Rs.2000/ under Section 13 of the P.C. Act.
It is pertinent to mention here that by order 27.07.2015 this Court issued numberice to the respondent only on the question of quantum of punishment awarded to the appellant.
Thereafter the auction of the fish ponds was fixed for 22.03.1995.
On that day also due to the absence of the appellant, the auction companyld number take place.
CRA S 1070 SB of 2005 whereby the learned Single Judge of the High Court dismissed the appeal filed by the appellant herein and affirmed the order dated 04.06.2005 passed by the Special Judge, Sonepat in Sessions Case No.
Both the sentences shall run companycurrently.
On 12.08.1978, the appellant joined as Lecturer in English in Education Department, Government of Haryana and was later selected as Block Development and Panchayat Officer and joined as such on 21.04.1993.
Challenging the order of companyviction and sentence, the appellant filed an appeal being CRA S 1070 SB of 2005 before the High Court.
Thereafter when Ranbir Singh the Sarpanch of the Village Complainant met the appellant, he demanded Rs.2000/ as bribe to companyduct the auction.
On 06.04.1995, he got the permission from the Government to carry out the raid.
The Complainant, however, expressed his inability to pay the bribe amount.
On 22.03.1995, again the appellant did number go to Mundlana Village and postponed the auction for 06.04.1995 but at that time he clearly told the Complainant that so long as the bribe money is number paid to him, the auction would number be held.
The Gram Panchayat of Mundlana village passed a resolution for auction of fish ponds in the village and sent it for approval to the appellant, who fixed the auction for 15.03.1995.
Thereafter he wrote a letter to the Deputy Commissioner, Sonepat to depute one Gazetted Officer for being joined in the raiding party.
On 04.04.1995, the Sarpanch filed an application to the S.P., State Vigilance Bureau in short SVB , Karnal stating therein the aforesaid facts.
Hari Chand, the Inspector was deputed as a shadow witness and instructed to give a fixed signal by moving his hand over the head after the acceptance of the bribe money by the appellant The Sarpanch the Complainant and shadow witness went to the office of the appellant and after 10 minutes, the shadow witness passed the signal upon which the raiding party went inside the office of the appellant and saw him putting something in the drawer.
The Investigating Officer gave his introduction to the appellant, who after some persuasion opened the drawer and took out the bribe money and handed over the same to the Investigating Officer.
11 dated 07.04.1995 was registered at Police Station Vigilance Bureau, Karnal against the appellant under Sections 7 13 of the P.C. Act.
After that, the appellant was taken into custody.
On that day, the appellant did number go to the village but deputed the Panchayat Officer, who auctioned only the Panchayat land and refused to auction the fish ponds.
After companypletion of investigation, challan was submitted against the appellant before the Special Court to face the trial.
Aggrieved by the said judgment, the appellant accused has filed this appeal by way of special leave.
The appellant then negotiated the amount of bribe.
Abhay Manohar Sapre, J. Leave granted.
By judgment dated 28.05.2005, the learned Single Judge of the High Court companycurred with the findings of the Special Judge and finding numbermerit, dismissed the appeal and upheld the order passed by the Special Judge.
By letter dated 26.10.1994, the Director, Development and Panchayats, Haryana issued instructions to all the Deputy Commissioners in the State of Haryana that numberauction of village fish ponds should be done without adequate advertisement and secondly, it should be done under the supervision of the Committee after following the due procedure of reserved price fixation by Fisheries Department.
This appeal is directed against the final order dated 28.05.2015 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
On receipt of the application, Mr. M.S. Ahlawat, the then S.P., SVB, Karnal in short Investigating Officer wrote a letter to the Government seeking permission to arrange the raid.
On that basis FIR No.
As per the direction of the Deputy Commissioner, Mr. Ram Mehar, Xen, Irrigation joined the raiding party.
On 07.04.1995, the raiding party went to the office of the appellant.
In the year 1995, the appellant was posted as Block Development and Panchayat Officer Mundlana.
