RAGHUNATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for issuance of an appropriate writ for quashing the order, dated 31-3-1982 as contained in Annexure-1 to the writ petition and has further prayed for issuance of a writ of or in the nature of mandamus commanding upon the respondents to forbear from implementing the order as contained in Annexure-1 thereto and to restrain them from realising a sum of Rs. 479.20 paise from the petitioner,

(2.) The petitioner at the material time was working as an Accountant in the Darbhanga Medical College Hospital, Laheriasarai. It was alleged that the petitioner while so working embezzled some amounts belonging to the aforementioned hospital.

(3.) The petitioner was prosecuted on a charge of embezzlement under Section 420/34 of the Indian Penal Code and was convicted by the trial court. The petitioner's appeal to this Court was also dismissed. The petitioner thereafter preferred an appeal before the Supreme Court of India. The said decision is reported in A. K. Bose v. State of Bihar, AIR 1974 SC 1560. In the said judgement it has been held by the Supreme Court of India the concerned file never passed through the petitioner and as such the petitioner was directed to be acquitted by the aforementioned judgment.