Subhash Chand Jain, PK Mathur, Yad Ram Shammi and Dinesh Chand Sharma were convicted for conspiring among themselves to defraud NDMC in a matter pertaining to execution and award of electrical work, for which they awarded the work and released payments to the contractor after receiving illegal gratification.
They forged documents and showed inflated amounts for prosecution of the conspiracy.
“The convicts committed a white collar crime, and such crimes are committed by people generally belonging to ‘upper socio-economic class’,” the court stated.
“Thus, equipped with their financial and educational background, it is considered easier by them to manipulate, maneuver and navigate the system in such a manner so as to make it succumb to their own self interests. Such crimes are in fact more dangerous for the reasons that the consequences of white collar crimes are much larger than the ordinary crimes and also that such crimes lower public morale and confidence,” it observed.
The court added that the plea that the convicts have only been found guilty with respect to ₹1,22,913 doesn’t hold much merit as every amount which does not belong genuinely to a public servant and forms part of public money is much valued and cannot be quantified as a small sum.
“Being the government servants, convicts/accused persons hold a position of great responsibility and were expected to conduct themselves with a higher level of integrity. More so, they have been occupying higher positions, associated with awe and respect in the public eye, their conduct of such nature is sufficient to dislodge public trust in institutions per se,” it noted.
The court said the convict were “weighed over by their greed” and sought to utilise official/contractual capacities and positions to usurp public money for their personal gains.
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