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1964 Supreme(Mad) 432

ANANTANARAYANAN
Krishnamurti (S. ) – Appellant
Versus
Chief Engineer [Through Personnel Officer (Staff), Southern Railway], and Another – Respondent


Advocates Appeared: For

Judgment :-

Anantanarayanan, J.

The appellant seeks to institute this appeal from the judgment of Srinivasan, J.,

In Writ Petition No. 120 of 1962, under the following circumstances. The appellant was a senior clerk in the Southern Railway in 1958, when disciplinary proceedings were instituted against him on an averment that he had demanded and accepted illegal gratification in a sum of Rs. 30 from one Kulasekharan, upon a promise to obtain a post for that individual in railway service. Prior to the disciplinary proceedings, a complaint had been made to the police which resulted in the prosecution of the petitioner for an alleged offence under S. 161, Indian Penal Code, read with certain provisions of the Prevention of Corruption Act. The writ petitioner was convicted, and, ultimately, acquitted, but, on a technical ground relating to the processual law. It is sufficient here to set forth the following extract from the judgment of Somasundaram, J., who dealt with the matter :

"The result is that the accused (appellant) was undoubtedly in possession of Rs. 30 given by P.W. 2 which was certainly given for the purpose of getting a job for P.W. 2 as Khalassi." *

It was held by this Court










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