Judgment

BHAGWATI, J. - The appellant was posted as Patwari in Revenue Circle Raisina, Gurgaon and he took charge of his post on 6-11-1967. When the charge of the post was taken by him, a memo, Ex. PA was prepared, setting out various books, documents and papers which were received by him at the time of taking charge. It appears that within a short time the appellant ran into difficulties and he was suspended in connection, with a departmental inquiry which was proposed to be held against him. Though he was directed to hand over charge of the post on account of his suspension, he failed to do so and hence under the orders of the Revenue Assistant, Gurgaon the lock of his room had to be broken open on 29th December, 1967 and the charge was taken by his successor Abdul Wahid and a list, Ex. PB was prepared setting out the books, documents and papers which were found in the room and of which possession was taken by Abdul Wahid. Another list Ex. PF was also prepared at this time showing the books, documents and papers which according to the prosecution were missing from the room. This list Ex. PF mentioned inter alia one current receipt-book one current roznamcha waqiati and one current