RAJENDRA PRASAD CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed by the petitioner challenging the order dtd. 1/12/2023 passed in G.R. Case No. 88 of 2000 by the learned S.D.J.M., Berhampur rejecting the application of the petitioner filed under Sec. 239 of Cr.P.C. for discharging him from the offences under Sec. 409/34 of IPC.

(2.) Mr. S.S. Rao, learned Senior Counsel for the petitioner submits that while the petitioner was working as principal of Khallikote College, he had lodged the FIR leading to Registration of Berhampur Town P.S. Case No. 12 of 2000 against the co-accused Bhobani Behera, the head clerk of the college who had allegedly misappropriated government money amounting to Rs.4,30,035.65 paisa which was detected during audit. He has also mentioned in the FIR that Bhobani Behera has also misappropriated Rs.2,00,900.00 without making payment to M/s. Mahapatra Enterprises, Berhampur. During investigation the police found the prima facie case against the present petitioner, co-accused Bhabani Behera and P.C. Mohapatra (reader in math) but since Mr. P.C. Mohapatra purportedly has expired, charge sheet was submitted against the present petitioner and co-accused Bhabani Behera.

(3.) Mr. Rao, learned Senior Counsel submits that there is no allegation of misappropriation against the petitioner and in the departmental proceeding it has been found that he has neglected due discharge of his duties to supervise financial wing of Khallikote College and that since he was not directly involved in any type of misappropriation except proper supervision, he may be censure for negligence in supervision of work.