BIMBADHAR MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a Defendant's appeal against a reversing judgment. Defendant at the relevant time was working as the Assistant Sub -Inspector of Schools, Binjharpur circle and was also temporarily in additional charge of the Bari circle. On 17.11.1955, the Deputy Inspector of Schools, Jaipur (p.w. 1.) paid Rs. 6, 000/ - in cash to the Defendant, out of which, Rs. 3,000/ - was to be utilised for the mid -day meal centre of the Binjharpur circle and the balance Rs. 3000/ - was to be banded over to the Assistant Sub -Inspector of Bari being utilised in that circle. On 19 -11 -1955, Defendant mad a report to the police at Binjharpur that while proceeding to Bari with the amount of Rs. 3,000/ -, besides a sum of Rs. 252/ - appertaining to the Education Department, he was waylaid at an isolated spot on the way by some miscreants, assaulted and robbed of the amount. According to Plaintiff, the police after thorough investigation submitted a final report to the effect that the alleged robbery was false and that Defendant had misappropriated the amount. On these grounds, Plaintiff filed the suit to recover the amount of Rs. 3,000/ - from the Defendant.

(2.) THE Defendant, while admitting receipt of Rs. 6,000/ - as alleged from p.w. 1. alleges that he proceeded to Bari on 19 -11 -1955 with the amount of Rs. 3,000/ - to make it over to the Assistant Sub. Inspector of Schools who joined there and on the way he was waylaid and robbed.

(3.) THE lower appellate Court reversed the judgment of the trial Court and decreed the suit in full on the followings findings: (1) even assuming that on the fateful day Defendant was carrying the amount with him while proceeding to Bari for making it over to the Assistant Sub -Inspector of Schools and the robbery took place, Defendant is bound to reimburse the amount as the loss is not due to any act of God, but due to the negligent conduct of Defendant; (2) it has disagreed with the finding of the trial Court and doubted the fact of Defendant carrying the money with him while proceeding to Bari; (3) it has found that there was no robbery whatsoever on the way.