PARMANAND Vs. STATE OF J&K

JUDGEMENT

(1.) 1. Heard learned counsel.

(2.) PETITIONER has questioned the order Issued by Director School Education, Jammu vide No : DSEJ/GEN/383 -87 dated 2nd May, 1994 (Annexure PH to the petition), whereby on review of the findings recorded by the Enquiry Committee in its report dated 5th November, 1993 following was ordered : "

(3.) PETITIONER was working Clerk -cum -Store Keeper in the office of Additional Tehsil Education Officer at Gool. It appears that certain purchases were made during such period and the cost where of came to Rs. 1738.78. It is further not in dispute that petitioner alongwith one Mr. Radha Krishan, Tehsil Education Officer and Inder Nath, supplier of goods was challaned and tired under Section 5(2) of the Prevention of Corruption Act read with Sections 120 -B, 467, 468 and 420 RPC, Case against all three of them was that the goods had not in fact been purchased and the aforesaid amount had been misappropriated by all three of them by cheating government as well as by fabricating record which they knew to be so. Thus petitioner alongwith Radha Krishan acted in a manner to give undue financial benefit to the third co -conspirator namely Inder Nath, supplier of goods. Common case of the parties is that after conviction of all these three persons they approached this court and were acquitted in terms of the judgment dated 1st October, 1992 passed in Criminal Appeal No: 59/1980.