UNION OF INDIA Vs. BIHARI LAL SIDHANA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) This appeal by special leave arises from the judgment of the Division Bench, made on September 12, 1996 in LPA No. 215/1979 by the Delhi High Court. While the respondent was working as a Cash Clerk in Delhi Milk Scheme, temporary mis-appropriation of the funds on more than one occasion was discovered. When misappropriation of Rs. 17,744.91 on April 2, 1972 was reported, a prosecution was laid against the respondent. While the prosecution was pending, orders were passed by the competent authority on April 24, 1972 as under:

(3.) The respondent was acquitted of the charge in the criminal case and therefore, he filed a writ petition. In his order, the learned single Judge held thus: