BISWESWAR MISRA Vs. SWETAKUMAR PANIGRAHI

JUDGEMENT

(1.) ANUPAMA , petitioner No. 2 is the daughter of Bisweswar, petitioner No. 1. She was married to Premananda Panigrahi, son of Swetakumar Panigrahi (opposite party No. 1) on 23rd November, 1962. On 6.5.1984, 16 -5 -64 and 11 -6 -64, opposite party No. 1 Sled three applications before Dhruba Charan Das (opposite party No. 2) who is the Sarpanch of Kaintragarh Gram Panchayat alleging unchastity and immorality against Anupama and asking for an enquiry as to whether she was at her father's place or had gone away to other places on certain dates. The ultimate relief sought was to give a certified copy of the report of enquiry to opposite party No. 1. Opposite party No. 2 entertained the applications and directed enquiries into the allegations. Petitioner No. 1 protested against such enquiry as affecting the reputation of his daughter and himself and requested that if at all an enquiry was to be made, it should be done in camera at the residence of the Sarpanch and not in public so that the prestige of the family might not be at stake. Opposite party No. 2 got evidence recorded through other members of the Gram Panchayat and the petitioners who were members of a conservative Brahmin society were scandalised. Petitioner No. 1 filed a complaint before the Sub -divisional Magistrate, Athmallik against opposite party Nos. 1 and 2 under Sections 500 and 500/109, I.P.C. The learned Sub -divisional Magistrate held :

(2.) THE finding of the learned Magistrate so far as the Sarpanch is concerned is as follows :

(3.) THE leading authority as to the meaning of the expression "while acting or purporting to act in discharge of his official duty" is to be found in AIR 1948 PC 128. The observations of their Lordships are :