GAJENDRA DANDASENA Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 409 of the Indian Penal Code and sentenced to undergo R.I. for two years and to pay a fine of Rs. 1,500/ -, in default to undergo R.I. for a further period of six months which has been confirmed in appeal.

(2.) THE Petitioner was the Sarpanch of Jhunmura Grama. Panchayat from 1967 till his removal on 11 -6 -1970. As per the Gram Panchayat Rules he was not allowed to keep cash more than Rs. 150/ - in his hand at a time. Any excess amount he was required, to deposit in the Pass Book of the Grama Panchayat.

(3.) MR . Patel, learned Counsel for the -Petitioner re -agitated the same points raised before the Courts below, namely, that under Section 123 -b of the Panchayat Act the Secretary is the custodian of all records documents and cash and valuable securities belonging to or vested in or under the direction, management or control of the Grama Saba as prescribed; and that according to Section 143 of the Orissa Grama Panchayat Act the Sarpanch is deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code and therefore he should not have been prosecuted without a prior Section 197(1), Code of Criminal Procedure and that not having been done the prosecution as well as the conviction are without jurisdiction. Incidentally, certain questions of facts were canvassed, namely, that the cash was with the Secretary and not with him; that he had directed the Secretary to deposit the amount in the postal Savings Bank but he did not obey his orders; that he was not aware of the inspection made by the B.D.O. and that he deposited 35 paise which was the difference as found by the B.D.O. on 23 -8 -1969 i.e. Rs. 1138.44 and the latest entry Rs. 1138.76/ -.