K.RAVICHANDRAN Vs. M.PALANIKUMAR

JUDGEMENT

(1.) This criminal revision petition is filed against the order dated 22.09.2017 in C.M.P.No.2763 of 2017 in C.C.No.124 of 2016 on the file of Judicial Magistrate-II, Virudhachalam, wherein the application filed by the 1st Respondent herein under section 319 of Cr.P.C was allowed against the revision petitioner.

(2.) The facts of the case are that the Petitionerwasworking as oversear at Srimushnam in Public Works Department from 20.11.2006 and the duty assigned to the Petitioner is to look after the maintenance of pelanthurai main channel which connects 22 lakhs in cuddalore district and to look after the irrigation structure in the 12000 Acres aiyacut area of the said channel. It is contended by the Petitioner that in srimushnam section of the velar basin division, sale of sand in PWD quarry is accounted and the Petitioner has to submit the remittance slips along with bank chalans, for the amount collected from sale of sand in his section, to the sub-division office at Virudachalam and the RM slip containing the sale of sand details will be submitted to the Divisional Office. It is contended by the Petitioner that the 1st Respondent herein was working as Executive Engineer, PWD, Velar Basin Division, Virudachlam from 14.09.2009 to 01.12.2011.

(3.) It is further contented by the Petitioner that there were no adequate staffs at Srimushnam PWD office, about 25 NMR workers were engaged to assist the department and the NMR workers used to deposit the cash into Government Account and this practice is followed for many years. It is contended by the Petitioner that the 1st Respondent herein was the Executive Engineer at relevant point of time and he had authorized usage of NMR workers for issuance of receipts and remittance of cash as against Rule 274 and 274 A of the Madras Financial Code, Volume I and Rule 299 of Tamil Nadu Public Works Department Code.