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1969 Supreme(Bom) 45

D.V.PATEL
Prabhakar Vishnu Naik – Appellant
Versus
Union of India – Respondent


JUDGMENT - 1. This appeal is filed by the original plaintiff whose plaint has been returned for presentation to the proper Court by the District Court. The short facts leading to the appeal are as follows: The plaintiff was serving in the Post and Telegraph Department as Sub-Post Master at Latur in Osmanabad District from October 8, 1953 to April 5, 1955. It appears that some amounts were misappropriated from the Post Office. He was, therefore, suspended from service on and from April 5, 1955. The postal authorities made an inquiry and had the accounts audited and it was found that a sum of Rs. 2925.56 appeared to have been misappropriated by the plaintiff. First Information Report (Ex. 55) was filed at the Police Station at Latur against the plaintiff. Later on, a charge-sheet was filed against him in the Court of the Special Judge Osmanabad for offences under Section 5 (1) (c) of the Prevention of Corruption Act and Section 477A of the Indian Penal Code. At the trial, only three items were selected amounting to Rs. 721,6, indeed a very small part of the total amount charged against him. Ultimately, at the end of the trial it was found that the plaintiff had misappropriated the am
























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