Corrupt public servant is not entitled to judicial leniency

Court, Sentenced, Law,Cooperative Manager

Sagar Watch/ The court has sentenced a committee manager to ten years' imprisonment and fined about Rs 25 lakh for manipulating the sale amount of chemical fertilizer. The judge has written in his judgment that a higher level of morality and honesty is expected from public servants than usual. A public servant with corrupt conduct is not eligible for any judicial leniency.

The accused committed criminal misappropriation of entrusted public properties and diverted them for his own use without depositing them in the accounts of the committee. A public servant with corrupt conduct is not entitled to any judicial leniency because he has committed a criminal act.

According to Additional Public Prosecutor Leeladhar Patidar of Indore Prosecution Office, accused Naval Singh, the committee manager of Seva Cooperative Society Limited, Barlai, Saver District Indore, sold chemical fertilizers and Committed criminal breach of trust by misusing his position of trust by not depositing the money in the committee's bank account.

On this charge, Gangacharan Dubey, Tenth Additional Sessions Judge, Indore sentenced accused Naval Singh to 10 years imprisonment and a fine of Rs 24,25,048/- for the crime of section 409 IPC and section 420 IPC. 

He was sentenced to 7 years imprisonment and a fine of Rs 10,000. Also, out of the above amount of fine, orders have been given to provide the amount of Rs 24,15,048/- to the Service Cooperative Society Limited, Barlai as a consideration for criminal breach of trust by the accused.

According to the prosecution, in relation to the incident between April 1, 2018 to March 31, 2019, Omprakash Chauhan, branch manager of Indore Premier Cooperative Bank Limited, Indore, on 05 February 2021, gave a written application in the police station Kshipra that the Service Cooperative Society Limited, affiliated to the institution, According to the audit report of the financial year 2018-19 in Barlai, a shortage of Rs 24,15,048 /- in the chemical fertilizer stock of the institution and financial irregularities have come to light.

For which accused Naval Singh has been found responsible. On the basis of the investigation report of Inspector Vijay Bahadur Mishra, an FIR was registered against the accused in Police Station Kshipra under Section 409, 420 IPC and the investigating inspector G. S. Mahobia submitted the charge sheet after investigation.

Learned counsel on behalf of the accused argued that the accused is a 65 year old citizen being a first offender. He has been facing trial in judicial custody for the last two years. None of his previous convictions has been proved by the prosecution, hence he should be punished with minimum punishment.

On behalf of the prosecution, learned Additional Public Prosecutor Mr. Leeladhar Patidar alleged that the accused cheated Seva Cooperative Society Limited, Barlai and dishonestly induced the society to hand over the property and sold the chemical fertilizer of the society amounting to Rs. 24,15,048/-. It has been requested to be punished with severe punishment for the proven property crime of criminal breach of trust.

The Court, Mr. Ganga Charan Dubey, Tenth Additional Sessions Judge, Indore, found Rs. 24,15,048 deposited by the accused Naval Singh in the office or bank account of the society by selling the chemical fertilizer entrusted to him by the accused Naval Singh in the ordinary course of his business as the committee manager of Seva Co-operative Society Limited, as a public servant. 

He was found guilty of criminal breach of trust by not depositing the sale amount and misusing his trust and converting it for his own use.

He recorded that a higher level of morality and honesty is expected from public servants than usual. 

The accused has committed the criminal act of criminal misappropriation of entrusted public property and criminal breach of trust by diverting it for his own use by not depositing it in the accounts of the committee. 

Due to which a public servant with corrupt conduct is not eligible for any judicial leniency.