News Citation : 2026 LN (HC) 221 | 2026:CGHC:14691
March 30, 2026 : In a significant ruling delivered by Hon’ble Shri Justice Bibhu Datta Guru, the High Court of Chhattisgarh at Bilaspur has overturned the conviction of several health department officials in a corruption case dating back nearly 50 years. The court ruled that subordinate employees cannot be held criminally liable for simply following the orders of their superiors without evidence of independent criminal intent or personal gain.sonal gain.
The case originated from allegations involving the office of the Chief Medical and Health Officer (CMHO) in Jagdalpur between 1979 and 1985. The prosecution alleged that Dr. R.K. Sen, the then-CMHO, conspired with his staff to prepare fake salary bills for three sweepers Jaysingh, Lalmani, and Mayaram. According to the charges, these sweepers were actually working as domestic help at the doctor’s residence but continued to have government salaries drawn in their names for years after they had left their positions.
In 2002, a special court convicted the staff members under various sections of the Indian Penal Code and the Prevention of Corruption Act, sentencing them to two years of rigorous imprisonment. By the time the appeal reached its conclusion this month, the primary accused, Dr. Sen, and several of the appellants had already passed away.
Presiding Judge Bibhu Datta Guru noted that the prosecution’s case rested heavily on the testimony of witnesses who admitted they acted solely under Dr. Sen’s instructions. The court emphasized that for a charge of conspiracy or forgery to stick, there must be a “meeting of minds” or a shared criminal design. In this instance, the court found no evidence that the subordinate clerks and accountants had derived any pecuniary advantage or possessed the “mens rea” or guilty mind necessary for a criminal conviction.
The judgment highlighted that while there may have been procedural irregularities in how salaries were disbursed, suspicion alone is not a substitute for legal proof. Consequently, the High Court set aside the previous conviction, acquitting the surviving officials and the legal representatives of those who died during the long-standing legal battle.
Case Reference : In the case of CRA No. 130 of 2002, involving M. R. Malik (Dead) Through LRs. and Others vs. State of Chhattisgarh, the appellants were represented by Senior Advocate Mr. Prafull N. Bharat alongside advocates Mr. Keshav Dewangan, Mr. Vikash A. Shrivastava, and Mr. Alok Kumar Dewangan, while the State was represented by Deputy Government Advocate Mr. Anand Gupta
.
