STATE Vs. K N VEDALINGAM

JUDGEMENT

(1.) THIS apeal is directed by the State against the order of acquittal of A.I and A.3 in C.C. No. 6 of 1982 on the file of the IX .Additional Special Judge, Madras -It is stated that subsequently A.3 died. Hence the appeal so far as A.3 is concerned is abated. Only A.I and A.2 are now the respondents and against whom this appeal has to be considered.

(2.) THE case of the prosecution, which is necessary for disposal of the appeal, is as follows : -

(3.) IT is the evidence of P.W.7, the District Controller of Stores, Southern Railway, Madras that from 1977 to 1980 he was the Assistant Controller in the same office. The Controller of stores purchases through six Purchase Officers all articles necessary for the purpose of railway administration except sophiscated machineries and medical items. The approved suppliers work subscribe to (he bullet in published by the Stores with regard to the requirment of the railways and they would give their quotation and also about accepting the tender etc. According to him, normally railway adminisration encourages industry coming under the National Small Industries Sales Corporation. In such a case that industry is given a preference to the extent of 15% of the price of the goods. A -1 was a colleague of P.W. 7 in 1978 -79 as an Assistant Controller of Stores. A.2 was a senior typist in the same office, As per Ex. P.3, A.1 was deputed for inspecting Nell Enterprises. Under Ex. P. 33 A.1 after inspection recommended Nell Enterprises as an approved supplier and ultimately it was accepted by the Additional Controller of Stores for supply of goods upto the value of Rs. 10,000/ - in group No. P.34 is the communication sent to Nell Enterprises, No S V.O.C. Street for supply of coir, jute, manila and other vegetable products including Nylon by the Assistant Controller of Stores. P.W. 22 was the Senior Personnel Officer, Southern Railway from April, 1980. It is evident as per the Service Register of A.2 he was appointed as a typist on 5.9.1959 by the Western Railway till July, 1961, and (hereafter he was transferred to Southern Railway as typist. As per P.174 he was promoted as a senior typist in August, 1975. The appointi authority as well as the authorities competent to promote him was the authority competent to remove him from service. Further any higher authorit is also competent to remove him from service. In that way the Senior Scale Officer was competent to issue the sanction orders in the case of A.2 also. P.W 9. the Senior Scale Officer has stated in his evidence that he the was competent to remove A.2 from service and his post of the Secretary to the General Manager and that he had the right to issue the sanction on behalf sanction order and accordingly he signed Ex.P. 54 of the General Manager since he is holding an equivalent cadre.