JUDGMENT - SHARAD MANOHAR, J.:---The contention of the petitioner before me is that there is a policy decision taken by the Government to condone or connive at certain kind of offences involving criminal misappropriation. The petitioner's contention is not that he had committed any such offences; but re relies upon the above policy decision of the Government and contends that even assuming that he was guilty of some kind of criminal misappropriation of the monies belonging to the Government having regard to the above-mentioned Government policy, he is entitled to be let off without any action against him. The fact that the Government has laid down such a policy has been conceded before me by the learned Public Prosecutor by producing the relevant Government Circular in that behalf. The result is that I have no other alternative but to accept the petitioner's contention and to allow this appeal filed by the Government servant who was convicted by the courts below for defalcation of public money.

2. The relevant facts are very few :

The petitioner (who will be referred to hereafter as the 'accused') was working as an Agricultural Assistant, in charge of the recovery of Tagai loans, at

Click Here to Read the rest of this document