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2006 Supreme(HP) 285

DEEPAK GUPTA
N. K. CHAURASIA – Appellant
Versus
HIGH COURT OF H. P. – Respondent


Advocates Appeared:
Mr. Rajeev Sharma, Senior Advocate with Mr. Surinder Sharma, Advocate for the appellant. Mr. D.D.Sood, Senior Advocate with Mr. Paresh Sharma, Advocate for the respondent.

JUDGEMENT

Deepak Gupta Judge: The petitioner in the year 1990 was working as a Civil Nazir in the court of Senior Sub Judge-cum-Chief Judicial Magistrate, Kinnaur at Reckong-Peo. He proceeded on leave on 9th march, 1990 and was expected to resume duty on 21.3.1990. He could not join duty and sent a wireless message to the Senior Sub Judge through the General Assistant to the Deputy Commissioner, Kinnaur that the keys of office almirah are lying in his residence and the office almirah may be opened after taking the keys form his house. The lock of residence was broken open and the keys were taken. Thereafter in the presence of Senior Sub Judge and some other court officials, the Reader of the court opened the official almirah. An inventory of the case and other material found was prepared. The case found was short by Rs.928/- when tallied with the case book. Dues of two officials were also found not paid to them. When the petitioner rejoined on 23rd April, 1990, an explanation was called from him and the explanation not having been found satisfactory an inquiry was conducted against the petitioner on four charges. The main charge was that the cash found was short by Rs.928/-. The ex










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