NARPAT SINGH SANTOKH SINGH Vs. KRISHNA MURARI ACHARYA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29 -6 -1985 passed by the Chief Judicial Magistrate, Jhabua in Criminal Case No. O/85 whereby he has held that the cognizance of the offences u/Ss. 167, 177, 196 and 500 IPC could not be taken without the previous sanction of the Government as provided under Section 197 (1) (b) of the Criminal Procedure Code, 1973 (for short 'the Code').

(2.) CIRCUMSTANCES giving rise to the revision petition are these. The petitioner was working as Deputy Collector in Jhabua District between 24 -8 -67 and 25 -9 -69. In 1972 some defalcations were detected in the Nazarat of the Collectorate, Jhabua. It was found that this was due to irregularities. Several Deputy Collectors had remained in charge of Nazarat during the period. They were noticed. After inquiry the Collector Jhabua reported the matter to the Government which issued notice to the petitioner to show cause. In part I of the notice five charges were mentioned. The petitioner submitted his explanation. Thereupon, the Government proceeded against hi m only in respect of charges 2 and 5. Later holding that they were proved, the matter was referred to the Public Service Commission which did not concur with the recommendation for the penalty of censure to the applicant. The papers were ultimately submitted to the Government which accordingly censured the applicant.

(3.) REGARDING charge no. 5 it is stated that in his explanation the petitioner had denied the same which was regarding maintaining single cash -book of Government and non -Government money whereas two different cash -book ought to have been maintained. In the report submitted to the Public Service commission the non -applicants, however, had stated that this charge was admitted by the petitioner. The complaint was filed on 4 -2 -85.