Excelsior Correspondent
JAMMU, Oct 30: Special Judge Anticorruption CBI Cases, B L Bhat today awarded two years rigorous imprisonment and fine of Rs 6 lakh to T N Pandita, son of M K Pandita, the then Senior Field Officer of IFFCO Godown, Chatha, who was involved in misappropriation of urea worth Rs 5,65,200.
According to CBI case, T N Pandita during his posting as Incharge IFFCO Godown at Chatha since 1996, had, in conspiracy with some unknown persons/officials of IFFCO and by abusing his official position, misappropriated urea worth Rs 5,65,200.
After hearing Senior PP CBI SK Bhat whereas Advocate KL Sharma appearing for the accused, Special Judge Anticorruption CBI Cases observed, “in so far as the requirement of sanction for prosecution of accused is concerned, the same has not been raised as a ground of defence and rightly so”, adding “the accused was removed from services of IFFCO on September 29, 2004 and prosecution in the case has been launched on December 29, 2004—. three months after the removal of accused from service”.
“It is well settled that the protection contemplated under Section 6 of the J&K Prevention of Corruption Act Samvat 2006 does not extend to a public servant after he demits office on superannuation or has been removed from service. Thus, requirement of sanction in the instant case was not a sine quo non for launching criminal prosecution against the accused”, the Court further observed.
With these observations, Court awarded two years rigorous imprisonment and fine of Rs 6 lakh to the accused persons. The Court further directed that the amount of fine be deposited within thirty days failing which the same will be realized from the estate of accused.
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