GOPAL CHANDRA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 5(1)(c) and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and has been sentenced to undergo R.I. for two years and to pay a fine of Rs. 500/ - in default to undergo R.I. for five months more on each count for temporary misappropriation of Rs. 1,714.95 between 23 -6 -1971 and 20 -11 -1971 and obtained pecuniary advantage thereby.

(2.) THE Appellant was the Revenue Officer at Rayagada and during the absence of the S.D.O., Rayagada on leave, he remained in charge of the S.D.O. from 25.5.1971 to 3.7.1971. On 10.6.1971 the appel1ant drew an advance of Rs. 1,714.95 for disbursement of the pay of the Sevaks of the Sevashram Schools. Due to absence of the Sevaks for summer vacation, the Appellant did not disburse the amount. He however returned the said amount to the Nazir P.W. 7 on 20 -11 -1971.

(3.) THE undisputed facts are that on 25 -5 -1971 the Appellant took over charge of the S.D.O. on 9.6.1971 P.W. 6 the B.D.O. of Kalyansinghpur Block came to Rayagada for taking the pay of the sevaks of the Sevashram Schools for the month of May, 1971; but the Appellant told him that he (Appellant) would disburse the same personally. From the evidence of P.W. 3. it appears that the Appellant had been to Koraput to attend D.D.C. meeting on 14th and 15th of June, 1971. From 13th June, 1971 the Jeep was utilised on some Minister's duty. It is further admitted that the Appellant fell ill from 16 -6 -1971 and could not attend the office till 13.7.1971 when he went on leave. It is also not disputed that by 11th of June the Sevashram Schools were closed on account of summer vacation and no Sevak was available. The Appellant has stated that he disbursed other amounts to the Gramrakshis on 11 -6 -1971. It is also not disputed that on 23 -6 -1971 the Appellant fell 111 and could not move out and therefore directed a clerk of his office to disburse the amounts as directed by the Appellant. In fact, the Sevaks of the Block received their pay on 9 -12 -1971 after the Appellant refunded the amount. The Appellant's plea is that on 11 -6 -1971 he went to the Block for disbursement but he could not disburse the salary to the Sevaks of the Sevashrams on account of their absence for summer vacation, although he disbursed the salary of the Gramrakshis. On 12 -6 -1971 and 13 -6 -1971 he had to attend to duties in connection with Minister's visit and on 14 -6 -1971 and 15 -6 -1971 he had to attend the D.D.C. Meeting at Koraput. On 15 -6 -1971 he returned to Rayagada and thereafter he was bedridden and proceeded on leave. He was suspended on 7.10.1971. He states that he had no mala fide intention and when he returnee to Rayagada he refunded the amount. These facts have been admitted by the prosecution witnesses and the documents produced on behalf of the prosecution also support the aforesaid facts.