M SUMATHI Vs. STATE

JUDGEMENT

(1.) THESE two petitions are arising out of one and the same proceedings and as such both the matters are taken up together for final hearing with the consent of both sides, namely, the learned counsel for the petitioners and the learned Government Advocate (Crl.Side).

(2.) THE petitioners, who have been arrayed as A-14 and A-12 respectively in this case, have come forward with these petitions seeking for the relief of quashing the proceedings pending against them in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Trichirappalli, for the offence under Sections 409 and 120(b) IPC.

(3.) IT is seen that the petitioner in Crl.O.P.(MD).No.7853 of 2008 (A-14) has said to have committed misappropriation to the tune of Rs.2,570/- and the petitioner in Crl.O.P.(MD).No.7853 of 2008 (A-12) has said to have committed misappropriation to the tune of Rs.4,520. The period of misappropriation as per the department is from 1.1.2001 to 31.10.2002 in respect of both the petitioners. The petitioners have been suspended and ultimately the suspension orders were revoked by the Tamil Nadu Administration Tribunal, Chennai, in O.A.Nos.504 of 2004 and 508 of 2004 by order dated 23.2.2004 and thereafter, both the petitioners were working as Assistants in Bagalur check-post under the control of the Regional Transport Officer, Krishnagiri and Pethikuppam check-post under the control of the Regional Transport Officer, Triuvallur respectively. IT is pertinent to be noted that as per the order of this Court in W.P.No.19236 of 2006 and 10914 of 2006, an Inquiry Officer was appointed to inquire into the charges and ultimately both the petitioners have been exonerated for the charges leveled against them in the departmental proceedings as per the Inquiry. Report dated 17.6.2007. The specific finding based on records and evidence of the Inquiry Officer is to the effect that the amount of Rs.2,570/- and Rs.4,520/- alleged to have been misappropriated by both the petitioners respectively have been remitted into the Government Account on the same day and therefore, there was no loss of revenue to the 5 Government. The Special Commissioner and Transport Commissioner, who is the Head of the Department and Disciplinary authority, in his proceedings R.No.2906/VB1/2002 dated 20.6.2008 accepted the findings of the Inquiry Officer and exonerated the petitioners from the departmental charges.