RAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) UNIVERSITY Grants Commission sanctioned a grant of Rs. 4,000/ - to petitioner No.2 Dr. Prem Parkash Khatri for research project named "A Comparative of Social and Emotional Adjustment of Teachers of Different Categories". Application for obtaining the grant was made by petitioner No.2 when he was employed in C.R. College of Education, Rohtak. The grant was disbursed when petitioner No.2 was serving as Principal in Matu Ram DA V College of Education, in Hassangarh; an institution not recognized by the University Grants Commission till then. In this view of the matter University Grants Commission asked petitioner No.2 to refund the amount. Finding that petitioner No.2 was no longer their employee, the grant disbursing authority viz DA V College of Education, Hassangarh got a case under Section 409/420/468/471 and 120 -B of the Indian Penal Code registered against the two petitioners. Petitioner No. 1 Shri Ram Singh was Principal of the Institution which disbursed the grant.

(2.) LEARNED trial Court discharged the accused petitioners on September 14, 1983 in criminal case No. 334/2 of 1983. Learned lower Appellate Court vide its impugned judgment of July 4, 1984 reversed the order of discharge and directed the learned trial court, to make further inquiry. Criminal Revision No. 1173 of 1984 is directed against the order made by the learned lower Appellate Court.

(3.) RESEARCH project having been completed, petitioner No.2 was obviously entitled to ask for and obtain the release of the grant made by University Grants Commission for it. There was thus no basis for the charges under Sections 409, 420, 468, 471 and 120 -B of the Indian Penal Code against both the petitioners. Order dated July 4, 1984 of the learned Additional Sessions Judge is therefore, set aside and that of the learned trial court dated September 14, 1983 is restored.