₹100 Extra Charge Was Bribe: Jharkhand High Court Upholds Railway Clerk's Conviction

Demand above lawful official charge can amount to illegal gratification

The Jharkhand High Court upheld the conviction of former railway parcel clerk Kali Shankar Dhobi for accepting ₹100 from a customer in 1995 in addition to the lawful motorcycle-booking charge. The Court rejected the argument that the amount was merely an “extra charge” rather than a bribe.

The complainant had approached the CBI after the alleged demand. Investigators organised a trap using a ₹100 note treated with phenolphthalein. After the motorcycle receipt was prepared for the official charge of ₹203, the additional amount was allegedly demanded and handed over. The note was later recovered and the chemical hand-wash test supported the prosecution version.

Demand, acceptance and recovery established

The High Court reiterated that mere recovery of money is not enough in a corruption prosecution; demand and acceptance of illegal gratification must also be proved. On the evidence, however, it found all three elements established and held that money demanded beyond lawful charges for performing an official duty could constitute a bribe.

Sentence reduced because of age and extraordinary delay

The conviction under Sections 7 and 13 of the Prevention of Corruption Act, 1988 was maintained. Considering the appellant's age, dismissal from service and the 31-year pendency of the case, the Court reduced the sentence under Section 7 to six months and the sentence under the Section 13 offence to one year, to run concurrently. The appellant was directed to surrender within two months.

Case: Kali Shankar Dhobi v State of Jharkhand

Judge: Justice Pradeep Kumar Srivastava

For Appellant: Sameer Saurabh and Divya

For State: ASGI Prashant Pallav with AC ASGI Aryan Anurag

Source: https://www.barandbench.com/news/litigation/jharkhand-high-court-upholds-conviction-of-75-year-old-ex-railway-clerk-in-100-bribe-case