Punishment for guilty in financial fraud reduced by SC on health grounds

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Supreme Court

Om Prakash, who had been initially awarded a seven-year sentence and a Rs 1 lakh fine by the Delhi High Court for financial irregularities within the CWC – he issued personal cheques, which is not allowed, and did not do pre-audit bills – had earlier had his sentence whittled down to five and then three years. Now he has prayed for further reduction of his sentence on the ground of poor health.

On Wednesday, the Supreme Court bench of Justices A K Sikri and Ashok Bhushan reduced it further to just one and-a-half years plus a fine of Rs 1 lakh.

The case which led to the conviction of the appellant was initiated on the complaint – dated February 5, 2001 – by M E Haque, Secretary & Vigilance Officer (PW-24) is that officials of CWC deviated from the normal procedure and issued cheques in the name of individuals which they were not supposed to and failed to do pre-audit of bills.

The complaint was based on a special audit which was conducted by an internal division of Controller of Accounts on the basis of a pseudonymous complaint received by the Controller of Accounts, Ministry of Water Resources alleging that fraudulent payments have been made to officials by the accounts office, DDO/CWC.

One of the main irregularities was wrong withdrawal of pay and allowances to the tune of Rs 23,67,951 between July 1999 and March 2000.

On Wednesday the counsel for the petitioner sought mercy and reduction of punishment on the ground of health.

The high court had already reduced punishment from five to three years, but still on the health issues the petitioner has come to the top court. In this case petitioner has been punished under section 471 of the IPC.

–          India Legal Bureau