MOHINI MOHAN NANDA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure for expunction of an adverse remark in the impugned judgment of the learned Judicial Magistrate, First Class, Panposh at Uditnagar, in G.R. Case No. 1924 of 1985/Trial No. 1113 of 1987 (State of Orissa v. Kedar Nath Mishra and two Ors.).

(2.) IT appears from the impugned judgment that the three accused persons were employees of the U.Co. Bank, Bazar Branch, Rourkela. On 17.10.1985 there was shortage of cash of Rs. 60,000/ - in the Bank and so the Branch Manager lodged F.I.R. at the police station. Eventually after investigation, charge -sheet was submitted against the three accused persons for having committed an offence under Section 408 I.P.C. for misappropriation of the sum of Rs. 60,000/ -. The Petitioner Mohini Mohan Nanda was one of the accused.

(3.) MR . Ray, learned Counsel appearing for the Petitioner, submits that on account of the observation that the Petitioner was given benefit of doubt, he is being deprived of all benefits as an employee of the Bank and has not been reinstated into service. In support of his contention that the observation that benefit of doubt is a derogatory remark, he has relied upon, 1977 Lab. I.C. 1471, Doraikannu v. The General Manager, Parrys Confectionary Ltd., Nellikuppam and Anr., in which a Bench of the Madras High Court observed as follows: