The learned Magistrate discharged the respondent on the ground that the sanction as required under Section 197 of the Code of Criminal Procedure, 1973 was number obtained.
A departmental enquiry companymenced on December 12, 1979 and initially the prosecution was laid in 1985 without obtaining the sanction.
Within a period of three months, he companymitted defalcation of mis appropriation of Rs.2,61,859.30.
The mis appropriation of the said amount took place during the period of 1976 and earlier.
It is stated that the first respondent was posted as an Assistant Godown Manager in the Stores.
In 1991, the sanction was obtained and thereafter the prosecution was laid.
Leave granted.
