MUNICIPAL COMMITTEE BAHADURGARH Vs. KRISHNAN BEHARI

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was a clerk in the Municipality. He was alleged to have misappropriated a sum of Rs. 1548.78 p. by falsifying the accounts. He was prosecuted in a criminal case and convicted under Section 409 of the Indian Penal Code and sentenced. On appeal, the conviction was altered from Section 409 to Section 468 of the Indian Penal Code. Sections 468 reads;

(3.) In view of the said punishment, the Municipal Committee dismissed the respondent. The respondent filed an appeal before the Director of Local Bodies who, while upholding the correctness of the action, reduced the punishment to stoppage of four increments and has also directed that the period during which the respondent was out of service should be treated as extraordinary leave. An appeal filed by the Municipal Committee to the Commissioner was dismissed as incompetent. A writ petition filed by the Municipal Committee was also dismissed in limine by the High Court.