UNION OF INDIA Vs. BHARAT SINGH

JUDGEMENT

(1.) Shri Bharat Singh-respondent herein and appellant in cross appeal No. 388/2002, an employee of National Seeds Corporation Limited (a Government of India undertaking) was held guilty by Chief Judicial Magistrate, Jammu, vide judgement dated 17/02/1977, of offence punishable under Section 409, RPC and sentenced to six months imprisonment and a fine of Rs 1000/-. He was found to have while discharging his official duties during 1969-1971, embezzled an amount of Rs 9417.75 received by him on account of sale proceeds and fraudulently reported to have been deposited with National Seed Corporation Limited, Regional Office Chandigarh.

(2.) On the allegation of criminal breach of trust levelled against the respondent during the course of his official duties, he was placed under suspension and a departmental inquiry initiated against him. Soon after respondent was convicted of the offence punishable under Section 409 RPC, the respondent was dismissed from service vide Order no. 5(49)/71-Vig/NSC Dated 26/05/1977.

(3.) The respondent immediately after he was convicted and sentenced by the trial court, questioned the trial court judgment through medium of criminal appeal before Learned Sessions Judge, Jammu. The appeal was transferred to Additional Sessions Judge, Jammu who vide judgement dated 26/12/1996 accepted. The appeal and set aside the trial court judgment, acquitting the respondent of all charges.