TARKESHWAR MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these applications have been heard together as they arise from common case and they are being disposed of by this common judgment with the consent of the parties. The relevant facts which led to the filing of these applications, in short, are that on the basis of a written report of one Gauri Shankar Jha, Professor -in -Charge of Jai Prakash College, Narainpur, a case was instituted against the petitioners under Sec. 408/120B of the Indian Penal Code (in short the Penal Code) being Bhagalpur P.S. Case No. 50 dated 16.5.1977.

(2.) From the written report, it appears that petitioner of Cr. Misc. No. 3930 of 1986 was appointed Principal of the said college on 21.10.1985 and remained as such till he was allowed to go on forced leave. Petitioner of Cr. Misc. No. 6455 of 1986 was the Head Clerk -cum -Accountant of the said college during the relevant period.

(3.) It appears that on the basis of certain allegations levelled against these petitioners, the University of Bhagalpur constituted a committee of enquiry to enquire into the matter, which submitted its report on 12.4.1976 to the effect that most of the allegations were found true. According to the report, the District Magistrate, Bhagalpur instructed one M.K. Das, District Accounts Officer to check the accounts and report, and accordingly verification of accounts was made. It transpired that the petitioners had defalcated heavy amount under different heads. A true copy of the first information report is Annexure -1 appended to both the applications. It is needless to go into the details of the allegations because it has elaborately been mentioned in the first information report.