Court awards one year RI, fine Rs 50,000 to GP Fund official

Excelsior Correspondent
JAMMU, Jan 30: Special Judge Anticorruption Jammu Sanjay Dhar today awarded one years rigorous imprisonment and fine Rs 50,000 to Shama Bakshi W/o Pawan Kumar  R/o H.No. 15-A, Shastri Nagar, Jammu who was caught red-handed by the VOJ while accepting and demanding Rs 5000/-.
According to the VOJ case Swarna Devi lodged a verbal complaint with Police Station VOJ alleging therein that accused Shama Bakshi, who was posted as Assistant Compiler in G.P.Fund Office Gangyal Jammu at the relevant time, demanded a sum of Rs. 5000/ as illegal gratification for clearance of G.P.Fund case pertaining to her deceased husband Kuldeep Singh Nursing Orderly.  The complainant, instead of paying the bribe amount to accused, approached Vigilance Organization Jammu and narrated the story to SSP VOJ, which was reduced into writing  and accordingly, a trap was laid on 23.9.2008 and during the trap proceedings, it came to the fore that accused, who was posted as Assistant Compiler in G.P.Fund office Gangyal Jammu, demanded an amount of Rs. 5000/ as illegal gratification from the complainant for clearance of G.P.Fund case pertaining to deceased Kuldeep Singh that was pending in the said office and after completion of the investigation challan was presented against her u/s 5(1)(d) r/w Section 5(2)  P.C. Act & Section 161 RPC and after completion of the investigation challan was presented.
Special Judge Anticorruption Jammu Sanjay Dhar after hearing CPO Harminder Singh for the State whereas Advocate KS Charak for the accused person observed that is an official of G.P.Fund Office, who was supposed to provide proper service to subscribers of G.P.Fund by clearing their cases with reasonable dispatch. The evidence on record shows that G.P.Fund case relating to husband of the complainant was received in G.P.Fund Office Gangyal on September 10, 2007. The trap in this case was laid on September 9, 2008 which means that despite a lapse of more than one year the subject case which pertains to widow of a poor Class-IV employee, had not been cleared by officials/officers of G.P.Fund Office. This reflects badly upon the working of the officials/officers of the department. It is because of this indifferent approach of the officials/officers of the department including that of accused, that a poor lady like the complainant was forced to lodge a complaint with Vigilance Organization. The fact that accused instead of showing empathy and urgency, demanded bribe from widow of a Class-IV employee for clearing her G.P.Fund case, makes her crime all the more serious. However, there is no record of previous conviction against the accused. The accused has been found guilty of criminal misconduct, which may deprive her of her livelihood as a consequence of her likely dismissal from service. In addition to this, accused being  a lady, deserves some leniency. Taking all these aggravating and mitigating factors into consideration the convict is sentenced to one year rigorous imprisonment on each count. In addition thereto she is also sentenced to pay a fine of Rs. 50,000/ u/s 5(2) of P.C.Act. In default of payment of fine, the convict shall undergo further imprisonment of similar nature for one year. Court further clarified that all substantive sentences shall run concurrently.

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