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In Tarsem Lal Chandla v State of Himachal Pradesh, an order of acquittal by the trial court was reversed by the High Court of Himachal Pradesh and two public servants were convicted for misappropriating cement intended for use in the construction of a school building.
The Supreme Court in the above case has observed that merely because the accused-public servant retired from service due to efflux of time, it would not be a relevant consideration in determining the criminal liability particularly for an offence under the Prevention of Corruption Act.
The bench headed by Justice Ranjan Gogoi, has condemned the order of the Trial Court, saying, “A close consideration of the order of the learned trial Court would go to show that the findings recorded are inconclusive to arrive at a determination of the absence of criminal liability of the accused. Besides, the learned trial Court also seems to have been influenced by the fact that, in the meantime, by efflux of time both the accused-appellants have retired from service and one of them, namely, Attar Singh had severe health problems.”
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