The fine records were with Nand Kishore Prasad and it was he who used to issue distress warrants for realisation of outstanding fine.
He extracted companyiously from the judgment of the Magistrate to show that the charges against him were baseless.
decided by Shri R. Singh, Magistrate, Sasaram, on April 26, 1950.
It is evident that the amount of the fine was realised and sent to the Magistrate and it was received by Shri Nand Kishore Prasad.
To this show cause letter, the appellant submitted a detailed reply, representing inter alia, that since the Magistrate had found him number guilty, in the absence of fresh or further evidence showing that he had received the Money Orders, it would be violative of the elementary principles of natural justice, to punish him in the departmental proceedings by using a portion only of the judgment of the Court of law.
Issuing an incorrect extract of order of the Appellate Court in Criminal Appeal No.
More than two months thereafter, a letter, dated June 29, 1960, was sent by the P.A. to the Commissioner of Patna Division, calling upon the appellant to show cause as to why he should number be dismissed from service.
The Commissioner reversed the order of Lb ,, District Magistrate and directed removal of the appellant from service.
At the relevant time, one Triloki Prasad Sinha was the Fines Clerk in the Court at Sasaram and the entry, in question, in the Fine Register was in his hand writing.
1,068/was embezzled.
P.C. in the Criminal case against him.
Three Money Order companypons, two for Rs.
examined the evidence on the record of the domestic tribunal, number to make out a new case, but to satisfy itself that the impugned orders were based on circumstantial evidence which had been cryptically alluded to by the Commissioner and more elaborately mentioned by the Member of the Board of Revenue in the impugned order.
were received, the appellant Nand Kishore Prasad was the Bench Clerk of the Magistrate.
The appellant went in Revision to the Board of Revenue against the Commissioners Order.
His suspension was companytinued and on July 31, 1956, a Departmental inquiry was instituted against him on these charges Dishonestly receiving Rs.
The inquiry was held by the Sub Divisional Officer, Sasaram who, after companycluding it, submitted his report to the District Magistrate, Sasaram, who was the authority companypetent to appoint and remove the appellant from service.
1068/ had been embezzled between Nand Kishore Prasad, Bench Clerk, and Triloki Prasad Sinha, Fines Clerk .
and between them the amount of Rs.
The Trial Magistrate, after making an inquiry under Chapter XVII of the Criminal Procedure Code, 1898, discharged both the accused persons, holding i that there was numberhing direct against Nand Kishore Prasad appellant herein to show that he had sent a false or wrong extract to the Fines Clerk, except the statements of a companyaccused exculpating himself which is of little worth, and ii that this accused cannot be companynected with the receipt of the money, i.e. the Money Orders in question.
1,068/ being the fine money companylected and sent by three M.0s.
The learned Judges of the High Court while observing that the Commissioners Order was somewhat cryptic and did number make a specific and pointed reference to the evidence against the writ petitioner, numbered that the Commissioner had drawn his companyclusion about the guilt of the petitioner from the fact that the petitioner was in actual charge of the fine record and it was his duty to take necessary action for realization of the fine until due payment thereof.
C. Prasad for the Respondent.
From the Judgment and Order dated 28th day of July 1966 of the Patna High Court in Misc.
B. N. Sinha, S. K. Sinha and K. K. Sinha for the Appellant.
The appellant inspected the records and found an entry in the Fine Register of the D Court relating to the year 1951 which was to the effect, that an appeal arising out of the case, in question, had been allowed and the fine remitted.
This order of the District Magistrate was companymunicated to the appellant as per Memo.
On September 23, 1964, the appellant moved the High Court at Patna by a writ petition under Article 226 of the Constitution, challenging his removal from service.
1,068/ sent by the I. of Police, Kargabar on 4 9 50.
Accordingly I hereby order that Shri Nand Kishore Prasad be discharged from service.
The appellant brought that entry to the numberice of the then Magistrate, Shri M. P. Singh, and submitted a written report to the Sub Divisional Officer, stating that the initials on the Money Order companypons were number his and he had never received the amounts.
68/ , were sent by the Police Sub Inspector of Kargahar to the C Magistrate, Shri R. Singh.
The appellant was companyfronted with those Money Order companypons which purported to bear the initials of the appellant, and was asked to trace if the money had been credited to the Government.
On February 1.
On this point, at the criminal trial of the appellant.
Since a good deal of argument before us centres around the legality of the Commissioners order, dated October 8, 1960, it will be worthwhile to quote its material portion in extenso Although from the evidence recorded against this Clerk it appears that there was numberdirect independent proof of embezzlement by him, yet, in my opinion, there is strong suspicion against this clerk which has also been indicated sufficiently clearly by the then trying Court, Shri A. K. Sinha, Magistrate, 1st Class, Sasaram, while passing an order of discharge against him under Section 207A of Cr.
1,068/ was realised by the Police and sent to the Court of the Magistrate, Sasaram, by money orders, where it was received on September 4, 1950.
The Court observed as follows One may suspect him about it, if at all, a Bench Clerk as he was, as the M.O. companypons purport to bear the like of his initials, but that is number enough for justifying a criminal action against him.
The Judgment of the Court was delivered by SARKARIA, J. This is an appeal by certificate under Article 133 1 a and b of the Constitution from a Judgment dated July 28, 1966 of the Patna High Court, dismissing the appellants writ petition under Article 226 of the Constitution, for impugning an Order of his removal from Government service.
The District Magistrate, ultimately, by his order, dated March 19, 1950, held The companyduct of Shri Nand Kishore Prasad is highly suspicious but for insufficient evidence proceeding against him has to be dropped.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Board on August 31, 1963, by a short order, dismissed the Revision and affirmed the order passed by the Commissioner.
1955, the Magistrate in charge of Fines, Sasaram, lodged a First Information Report in the local Police Station for prosecution of Triloki Prasad Sinha and the appellant in respect of offences under Sections 120 B, 409, 466, 468, 474 and 477 A of the Indian Penal Code.
500/ each and one for Rs.
The appellant further mentioned that he had discovered the aforesaid entry in the Fine Register.
When this fine was imposed, and the aforesaid money orders.
He was companyfirmed in service in the year 1933.
The facts are as follows The appellant, Nand Kishore Prasad, was appointed as a ministerial servant by the District Magistrate, Shahabad, in his office at Arrah on June 16, 1930.
of suspicion, if at an, as against this accused.
278, dated April 19, 1960.
As against this, companynsel for the Respondent submits that the High Court had.
His numbermal duty was to aid and assist the Court by putting up cases for hearing and disposal.
a handwriting expert was examined, who stated that numberdefinite opinion companyld be given as to whether these initials were executed by Nand Kishore Prasad.
This order of the Board of Revenue was companymunicated to him on February 14, 1964.
2313 N of 1968.
Case No.
These amounts represented the fine recovered from the persons who were companyvicted in the aforesaid case.
No orders were passed on that application of the appellant, for a companyple of months.
886 C/104 T.R. of 1950 The State v. Sarju Chaubbe Ors. ,
65 of 1950 to Sliri Triloki Prasad, the then Fine Clerk, and companyspiring with Shri Triloki Prasad and misappropriating Rs.
His implied defence was that somebody who had received the amount of the money orders, had forged his appellants initials on the Money Order Coupon.
On September 16, 1954, the Sub Divisional Officer, B Sasaram, summoned the appellant and asked him to explain the outstanding fine of Case No.
1273 of 1974.
After investigation, the Police submitted a charge sheet in the Court of the Sub Divisional Magistrate, Sasaram, against both Triloki Prasad Sinha and the appellant.
by the S.I. of Police, Kargahar, in respect of Criminal Case No.
In 1950, the appellant was transferred to Sasaram as a Bench Clerk in the Court of Shri R. Singh, Judicial Magistrate.
On January 26, 1955, the appellant was suspended from service.
In April 1952, he was transferred from Sasaram to Buxer as an Election Clerk.
The fine records were with Shri Nand Kishore Prasad and Shri Triloki Prasad Sinha.
The Inquiry Officer had examined three witnesses, namely Triloki Prasad Sinha, Rang Bahadur Singh and Kalka Prasad.
On February 29, 1956, after his discharge by the Criminal Court, the appellant submitted his joining report to the Sub Divisional Officer, Buxer, and prayed for permission to join duty.
Triloki Prasad Sinha admitted that this entry of remission was in his hand writing, but alleged that he had made it on the basis of an extract of the order of the Appellate Court, transmitted to him by the appellant.
Shri Nand Kishore Prasad appears to be thoroughly unreliable and the punishment in respect of his companyduct should be deterrent in nature.
He only disputed that the initials on the money order companypons purporting to be his, were number executed by him.
He reiterated that he had number received the amount of the Money Orders, and the initials on the Money Order companypons were number his.
GR 886/TR 104 on 4 9 50 to the Court of Shri R. Singh, Judicial Magistrate, Sasaram, of whom he was the Bench Clerk.
But after 4 9 1950, he did number take further action for recovery of the fine in question, or for ensuring that the companyvicts suffered imprisonment in default of payment of fine inflicted on them by the Court.
The case is number raised beyond a stage.
The appellant denied that he had sent any such extract or information to the Fines Clerk and alleged that, according to the practice of the office, appellate judgments were transmitted to the Fines Clerk, in original, by all the Courts, regularly.
