ORDER

Leave granted.

The respondent was a clerk in the Municipality. He was alleged to have misappropriated a sum of Rs. 1548.78P by falsifying the accounts. He was prosecuted in a criminal case and convicted under Section 409 of the India Penal Code and sentenced. On appeal, the conviction was altered from Section 409 to Section 468 ofthe India Penal Code Section 468 reads :

"Whoever commits forgery intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either decription for a term which may extend to 7 years and shall also be liable to fine ."

2. In view of the said punishment, the Municipal Committee dismissed the respondent. The respondent filed an appeal before the Director of Local Bodies who, while upholding the corectness of the action, reduced the punishment to stoppage of four increments and has also directed that the period during which the respondent was out of service should be treated as extra-ordinary leave. An appeal filed by the Municipal Committee to the Commissioner was dismissed as incompetent. A writ petition filed by the Municipal Committee was also dismissed in limine by the High Court.

3. It is obvious