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A. P. SEN, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Jasodhar Misra – Appellant
Versus
State Of Bihar – Respondent
Judgment
CHANDRACHUD, CJI.:- The appellant was appointed as a Kanungo in 1947 and was confirmed in that post in 1947. In June, 1952 while he was working in Supaul sub-division he was placed under suspension on the basis of certain allegations of corruption made against him by one Abdul Aziz. The appellant and one Baldeo Prasad who was working as a khas Mahal Tahsildar were prosecuted in special case No. 9 of 1954 but by his judgment dated February 17, 1955, the learned Special Judge, Bhagalpur, acquitted them on the ground that the charges of corruption were not established on the evidence led in the case.
2. In September 1956 a departmental proceeding was instituted against the appellant under the orders passed by the Commissioner of Bhagalpur on three different charges. The first charge related to the making of certain interpolations and mutilations of certain entries in official documents. The second charge with which we are principally concerned in this appeal reads thus:
"That you in the capacity of a kanungo made improper recommendations for settlement of Khas Mahal lands of holding Nos. 158, 159, 161 and 163 in favour of Jagdish Jha of Balha, Abhimanu Jha of Parsa, Raghunandan
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