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2017 Supreme(Mad) 1796

G.JAYACHANDRAN
D. Karunakaran – Appellant
Versus
State Rep. by Inspector of Police, Puducherry – Respondent


Advocates Appeared:
For the Appellants : Mr. G.K. Ilanthirauyan for M/s. Sai Bharath and Ilan.
For the Respondent: Mr. V. Balamurugan.

JUDGMENT :

1. The appellants herein while discharging their duty as Agricultural Officer and Demonstration Assistant respectively in the Agricultural Department of Puducherry Union Territory Government were entrusted to identify farmers near Karaikal affected in the heavy rain and flood during October November 2004 and to pay compensation. The appellants with common intention to cause wrongful loss to the Government and to dishonestly misappropriate the Government fund, fabricated documents such as claim applications in the name of fictitious persons or forged the applications in the name of existing persons without their knowledge and misappropriated a sum of Rs. 97,750/-. When the local public raised objections and complaint about the misappropriation committed by appellants, an enquiry was conducted by Mr. Jayasankar (PW-6) - the Additional Director, Agricultural Department and he submitted his report to the department on 13.07.2005. Based on the preliminary report of PW-6, the Additional Director of Agricultural Department, lodged a detailed complaint dated 10.03.2007 and the same was forwarded to the Central Bureau of Investigation which is marked as Ex.P.1, during the trial.

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