JAWAHAR LAL WALI versus STATE OF JAMMU AND KASHMIR AND ORS.

JAWAHAR LAL WALI versus STATE OF JAMMU AND KASHMIR AND ORS.

The appellant knowingly accepted a 35 kg capacity plant and paid for a 70 kg capacity plant, failing to personally substantiate his bona fide belief. The charge of corruption under Section 4(d) was properly established, and the Anti-Corruption Tribunal's imposition of penalty upon him was justified.

Parties
Appellant: Jawahar Lal Wali; Respondents: State of Jammu and Kashmir and Ors.
Jurisdiction
India
Judgment Date
05 March 1993
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition in Limine
Outcome
Appeal dismissed
Legal Topics
Corruption by Public Servants, Disciplinary Proceedings, Government Procurement
Administrative Law Anti Corruption Public Service Law Corruption by Public Servants Disciplinary Proceedings Government Procurement

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Parties

Jawahar Lal Wali

Appellant

State of Jammu and Kashmir and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition in Limine

Legal Issues

  1. 1 Whether accepting supply of a 35 kg capacity ice-making plant and paying for a 70 kg capacity plant constitutes corruption under Section 4(d) of the Jammu & Kashmir Government Servants' Prevention of Corruption Act, 1975
  2. 2 Whether the plea of bona fide belief is tenable when not supported by examination of the accused
  3. 3 Whether exoneration of another officer on similar charge affects the appellant's liability

Ratio Decidendi

The appellant knowingly accepted a 35 kg capacity plant and paid for a 70 kg capacity plant, failing to personally substantiate his bona fide belief. The charge of corruption under Section 4(d) was properly established, and the Anti-Corruption Tribunal's imposition of penalty upon him was justified.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs