DAWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R. N. Singh for petitioner and Sri S. K. Garg, learned Standing Counsel.

(2.) BRIEFLY stated the facts giving rise to this case are that petitioner was appointed as village level worker in department of planning at Deoria on 22.5.61. He was posted as Village Development Officer at Block Dudahi. District Deoria in 1976. He was transferred to Azamgarh in the year 1976 and took charge from Shri Raghunath Rai at Block Tahbarpur, District Azamgarh on 26.6.1976. It is alleged that a false report was lodged against him on the same day by Sri Ram Kathin Singh, Block Development Officer with allegations that petitioner has misappropriated Rs. 4048.51, under Section 409, I.P.C. at P.S. Ahraula, District Azamgarh. Thereafter petitioner was not allowed to work. He made several representations for payment of salary and for allowing him to work to the higher authorities without any result. As he was on the verge of starvation, be left the station and went to his village in District Deoria. On 20.4.1984 he was arrested in the criminal case and was sent to Jail. His bail application was allowed and he was enlarged on bail on 23.4.1984. It is contempled that no departmental enquiry was held against him. The criminal case No. 101 of 1983 under Section 409 at P.S. Ahraula ended in acquittal on 31.10.1988. It was found by Judicial Magistrate, Phoolpur, Azamgarh that no case for embezzlement was made out. One witness Sri Raghunath Prasad. Senior Clerk of the Block was produced as PW -1. The complainant Block Development Officer was summoned several times, but he did not appear before the Court.

(3.) IN the counter affidavit of Sri Om Prakash Verma. Block Development Officer, Tahbarpur, District Azamgarh, it is stated that petitioner joined at Block Tahbarpur on 26.6.1976 at Nayaya Panchayat Bhimalpatti and took charge from one Sri Raghunath Rai, Village Development Officer which falls in Block Tahbarpur. Petitioner initially joined as Village Development Officer, Block Tahbarpur on 26.6.1976 and was thereafter posted at Bheemapatti Nyaya Panchayat where he took over charge on 26.7.1976. He was absented from duty from 1.10.76, without any information. Several letters were sent to him at his home address but he did not join the office. Since he absented from duty from many years and after verification it was found that material amounting Rs. 4048.51 is missing, the then Block Development Officer Sri Ram Kathin Singh lodged an FIR against him under Section 409. I.P.C. for more than four years on 12.3.1982. The petitioner appeared before Judicial Magistrate, Phoolpur on 16.9.1983 and was sent to Jail on 17.9.1983. His bail application was rejected. The District Judge granted him bail on 22.9.1983 and that he was released on 23.9.1983. He was never suspended. He absented from duty from 1.10.1976 and never presented himself to join the office. In Para 13 of the counter affidavit, it is stated that although the representation was received, but the same was not signed by the petitioner.