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2017 (8) TMI 1578 - SC - Indian LawsIllegal conversion of plots - conversion of the guest house to residential plot - offence of criminal misconduct Under Section 13(2) read with Section 13(1)(d) of P.C. Act - HELD THAT:- Section 13 of the P.C. Act in general lays down that if a public servant, by corrupt or illegal means or otherwise abusing his position as a public servant obtains for himself or for any other person any valuable thing or pecuniary advantage, he would be guilty of 'criminal misconduct'. Sub-section (2) of Section 13 speaks of the punishment for such misconduct. Section 13(1)(d) read with Section 13(2) of P.C. Act lays down the essentials and punishment respectively for the offence of 'criminal misconduct' by a public servant. Perusal of Section 13(1)(d) makes it clear that if the elements of any of the three sub-clauses are met, the same would be sufficient to constitute an offence of 'criminal misconduct' Under Section 13(1)(d). Undoubtedly, all the three wings of Clause (d) of Section 13(1) are independent, alternative and disjunctive. Thus, Under Section 13(1)(d)(i) of P.C. Act obtaining any valuable thing or pecuniary advantage by corrupt or illegal means by a public servant in itself would amount to criminal misconduct. On the same reasoning Under Section 13(1)(d)(ii) of P.C. Act "obtaining a valuable thing or pecuniary advantage" by abusing his official position as a public servant, either for himself or for any other person would amount to criminal misconduct. On appreciation of evidence and materials on record, both the trial court and the High Court recorded concurrent findings that the Appellants acted in clear abuse of position, plot No. 27 in the developed Sector-14A was converted from guest house to 'residential' and in violation of the norms and circulars, the same was allotted to the Appellant to gain pecuniary advantage to him (Rajiv Kumar). The concurrent findings recorded by the courts below are well balanced and we do not find any reason warranting interference. The conviction of the Appellants Rajiv Kumar and Neera Yadav is confirmed - The sentence of imprisonment of three years imposed on the Appellants is reduced to two years and the appeals are partly allowed with the only modification in sentence.
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