Judgment

RAGHUBAR DAYAL, J. :

Sunil Kumar Paul has preferred this appeal, after obtaining a certificate from the Calcutta High Court under Art. 134 (1) (c) of the Constitution. The facts leading to the appeal are these.

2. The appellant was a clerk in the office of the Sub-Divisional Health Officer at Barrackpore in 1955-56. He used to prepare bills of the establishment, to present them at the Sub-treasury and later present them at the State Bank at Barrackpore, to receive payment in cash and to make over that amount to the Sub-Divisional Health Officer. Certain bills were drawn under the heading 38-Medical . Certain bills were to be drawn under the heading 39-Public Health . Some other bills were drawn under other headings.

3. On October 5, 1956, the appellant presented a bill for Rs. 1769/- out of which a sum of Rs. 5-10-0 was to be credited in the Postal Life Insurance Ledger and the balance of Rs. 1763-6-0 was to be received in cash. This bill was duly passed by the Sub-treasury and was subsequently presented to the Bank on October 6, 1956 for payment of Rs. 1763-6-0. The Bank paid this amount to the appellant. The amount was not paid to the Sub-Divisional Health Officer. In fac