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2. R.C. Case no.10A of 2013 was registered on the self- statement of V.K. Singh, DIG, CBI/ACB Patna after preliminary enquiry being reported by the postal official on 01.05.2013 on the pretext that during check period 01.01.2006 to 30.06.2010, Nawal Kishore, son of late Jharilal Mochi, who was Sub Post Master at Ganga Darshan Munger Town Post Office, Munger accumulated huge assets in his name as well as in name of his wife, children disproportionate to his income so detailed whereupon, investigation concluded by way of submission of charge sheet, followed with order of cognizance as well as conduction of trial, meeting with the ultimate result, subject matter of challenge under the present appeal.

13. Apart from the fact that on account of tracing out of defalcation as well as theft of postal certificates during the period of which appellant was custodian, whereupon matter was reported to CBI whereupon the check period has been identified from the aforesaid date to his remaining period service.

14. Being a Post Master of Sub Post Office, there is no dispute with regard to status of the appellant to be a Central Government employee and as per Rule-18 of the Central Government Employees Departmental Rules, the acquisition has to be reported to the appointing authority. For better appreciation same is quoted below:

31. PW.16 is another Assistant of Postal Department who had exhibited ten MIS policy out of which five standing in name of Deep Sikha, Prashant Kumar and remaining five in name of Avinash and Deep Shikha. He had further exhibited saving account having in name of Nawal Kishore. During course of cross-examination he had admitted that he was not present at the time of opening of the account.

32. PW.17 is the Inspector of CBI who had inspected with regard to information against Nawal Kishore, Sub Post Master as directed by the DIG, CBI. He had investigated the case after its registration up to 22.08.2013 and during course thereof, he had made correspondence with regard to relevant banks, post office to submit statement of accounts having in name of Nawal Kishore and his family members, obtained the same and then thereafter, he had handed over charge to Krishna Kumar Singh. During cross- examination he had stated that he is unable to disclose who had preliminary investigated the case before its registration.

35. PW.20 is the DGM who had exhibited purchase of UTI mutual fund appertaining to Rs.40,000/- by the Nawal Kishore and Sarita Devi.

36. On behalf of appellant, during course of defence five DWs have been examined including the appellant himself who are DW.1-Mrs. Girija Devi, DW.2-Kartik Das, DW.3-Brahmdev Chaudhary, DW.4-Chandra Shekhar Yadav, DW.5-appellant Nawal Kishore himself. Appellant had also exhibited unregistered will. (Ext.A) Considering the nature of cross-examination as well as suggestion given to the respective prosecution witnesses wherefrom it is evident that whatever recovery has been shown to be has not been denied, the relevant accounts under different heads also not been controverted, on account thereof, first of all, the evidence of DW.5, appellant himself is to be taken into consideration. He had deposed that he joined on 30.05.1990 in the Postal Department. At the time of suspension (20.06.2009) he was posted at Munger Town Head Post Office as Sub Post Master. His father had three brothers namely Jharilal (his father), Khopri Ravidas and Kartik Das. He has three children, two sons and a daughter. His uncle Khopri Das was issueless and so, was residing along with him. He retired as Charge Man, Railway Factory, Jamalpur. His uncle died about 10-12 years ago. His wife Girija Devi (PW.1) lives with him. As Khopri Ravidas was residing with him on account thereof, he used to give his income to him as well as to his wife. He also handed over his pension amount. Khopri Ravidas had gifted him rupees twenty lacs in cash, ornaments appertaining to rupees five lacs. He had also executed will in his favour regarding his properties (movable, immovable). Whatever amount he had received from Khopri Ravidas, he along with his wife had opened MIS, RD Account, PLI. Further he disclosed that premium of PLI as well as installment of RD Accounts were being deducted from his salary. He purchased land from Chandra Bhan Singh for rupees fifteen lacs. He obtained money from his another uncle namely Kartik Das. Some amount from saving and some from his income of his wife. He had disclosed the source of income to the CBI. He had further stated that valuation of the household articles was made by the CBI officials themselves in casual manner. Those items were purchased much prior to 2005. The temple made of marble was constructed at the behest of Khopri Ravidas during his lifetime. He had further stated that inverter was purchased in the year 2001, freeze in the year 2005 and Sony DVD Player, Samsung TV were purchased during 2005-2006. Furniture were purchased prior to 2006. His both sons got education at government school as well as Government College. Being Harijan, they were provided scholarship by the government. He had further stated that all the documents have been seized by the CBI. He has been made an accused relating to theft of postal certificates.