PRABHAKAR VISHNU NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is filed by the original plaintiff whose plaint has been returned for presentation to the proper Court by the District Court. The short facts leading to the appeal are as follows: The plaintiff was serving in the Post and Telegraph Department as Sub-Post Master at Latur in Osmanabad District from October 8, 1953 to April 5, 1955. It appears that some amounts were misappropriated from the Post Office. He was, therefore, suspended from service on and from April 5, 1955. The postal authorities made an inquiry and had the accounts audited and it was found that a sum of Rs. 2925. 56 appeared to have been misappropriated by the plaintiff. First Information Report (Ex. 55) was filed at the Police Station at Latur against the plaintiff. Later on, a charge-sheet was filed against him in the Court of the Special Judge Osmanabad for offences under Section 5 (1) (c) of the Prevention of Corruption Act and Section 477a of the Indian Penal Code. At the trial, only three items were selected amounting to Rs. 721,6, indeed a very small part of the total amount charged against him. Ultimately, at the end of the trial it was found that the plaintiff had misappropriated the amount of Rs. 19. 50 only. He was sentenced to suffer rigorous imprisonment for one year. The plaintiff came to this Court in appeal, which was heard and his conviction and sentence were confirmed. Later on, forty criminal cases were lodged against the plaintiff in the Court of the Judicial Magistrate, First Class, Latur. But, no further action was taken against him as these charge-sheets were withdrawn as he had already been convicted in the test case.

(2.) THEREAFTER, the Superintendent of the Post Offices, Nanded wrote to the Superintendent of Posts and Telegraphs, Ahmed-nagar saying that an amount of Rs. 2116. 31 was due from the plaintiff and it should be recovered as arrears of land revenue, as the plaintiff had properties in that District, The Superintendent apparently sent this letter to the Mamlatdar on June 20, 1961 requiring him to make the payment by realisation of the said amount. The Mamlatdar called upon the plaintiff to pay the amount intimating that if the amount was not paid his property would be attached. In the meantime, the Superintendent of the Posts and Telegraphs at Nanded sent a letter to the Collector of Osmanabad requesting him to send a certificate to the Collector of Ahmed-nagar for the recovery of the amount of Rs. 2625. 56 being the balance of Rs. 2926,58 after recovery of Rs. 300/- from the surety. Ex. 31 is the certificate issued by the Collector, Osmanabad to the Collector, Ahmed-nagar in respect of the same. The Mamlatdar received the certificate (Ex. 31) and thereafter on August 1, 1963 he issued the proclamation at Ex. 52 attaching the plaintiff's half share in Survey No. 5/2, situated at village Brahmanagaon in that District. Thereafter a date for sale was also fixed.

(3.) THE plaintiff then filed the present suit for a declaration that the Mamlatdar's order and the proclamation were illegal and contrary to law and the proceedings, therefore, be quashed.