CUTTACK : A public servant cannot be held guilty of having misappropriated government funds in a case of improper use or allocation of resources without dishonest intention, the Orissa High Court has ruled while acquitting one Prakash Chandra Swain, who was convicted for such offence by the Special Judge (Vigilance), Berhampur and sentenced to two years imprisonment in 2007.
The state Vigilance had registered a case against Swain for utilising funds allocated for Weavers’ Cooperative Societies contrary to sanctioned purpose, while he was assistant director of textiles, Bhawanipatna, in 1999. He had challenged his conviction and sentence under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 in the high court after his conviction in 2007.
While setting aside the Vigilance court’s judgment, the single judge bench of Justice Chittaranjan Dash said the essence of the offence outlined in section 13(1)(d) implies that the presence of a dishonest intention is fundamental to prove the abuse of position or authority of a public servant.
“The appellant’s actions and way of managing the funds might have deviated from accepted standards or regulations within the department, however, it would be inaccurate to claim that these actions were motivated by a dishonest intention to gain an unjust benefit either for himself or for a Weavers Cooperative Society,” Justice Dash observed.
“In the instant case, the prosecution has failed to produce any material to show that the appellant with dishonest intention abused his position as a public servant,” he added.
On case of misappropriation, Justice Dash opined, “An irregularity would refer to a deviation from established procedures, or legal requirements governing the handling or allocation of funds. It can encompass a wide range of actions or omissions that result in the improper use or allocation of resources, but may not necessarily involve intentional wrongdoing or criminal intent.”