HARIHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order of the Chief Judicial Magistrate, Jehanabad in C.I.D. Case No. 3/87 (Tr. No. 97/95) whereby he has taken cognizance of an offence punishable under Sections 409 and 420 of the Indian Penal Code on the basis of police report.

(2.) The petitioner at the relevant time i.e. during 1972 to 1982 was posted as Accounts Assistantcum-Cashier at Electric Supply Division, Jehanabad. On 27-10-1987, Sub-Inspector of Police lodged an F.I.R. with the Bidhyut Board Police Station Patna alleging inter alia that during the period in question the petitioner was entrusted with a sum of Rs. 1.36,900/ from Electric Division for purchase of Service Postage Stamps from Treasury Jehanabad. During this period Service Postage Stamps worth Rs. 61.900/ only was purchased and the remaining amount was neither deposited nor accounted for and it was suspected that the petitioner had defalcated the balance amount.

(3.) The investigation of the case remained pending for, seven years. Thereafter charge-sheet was submitted. It appears that four years prior to institution of the present case a departmental proceeding had been started against- the petitioner on the same and identical charges. The proceeding was conducted by the Director of Departmental Proceeding, Bihar State Electricity Board, Patna before whom oral and documentary evidence were produced. The Director of Departmental Proceeding vide detailed order dated 8-4-1986 exonerated the petitioner from all charges (Annexure-3). The Director of Departmental Proceeding in his report considered the defence of the petitioner and the evidence brought on record in the proceeding. The Director of Departmental Proceeding considered following charges: