JUDGMENT

L. Rath, J. - The petitioner's conviction under section 409 IPC and sentence to undergo R.I. for one year and to pay a fine of Rs. 3,000/-, In default to undergo S.I. for three months having been upheld in appeal, he has preferred this revision.

2. The petitioner was an Assistant District Welfare Officer at Talcher and was prosecuted for having committed misappropriation during the period 6.6.1978 to 22.12.1978 of a sum of Rs. 10,803.88 out of an entrusted amount of Rs, 19,933.53 which he had received towards the boarding charges, staff salary of Ashram School and stipend of scheduled caste and scheduled tribe students. The petitioner though admitted to be the disbursing officer along with the S.D.O. and the D.W.O. in respect of boarding charges, salary of staff of the school and the stipend of scheduled caste and scheduled tribe students, yet maintained in plea of complete denial of any entrustment of money to him.

3. Mr. S. Misra-I, learned counsel for the petitioner, assailing the conviction of the petitioner, has urged two contentions firstly, that there was no valid sanction for the petitioner's prosecution inasmuch as the sanction order was never proved; and secondly