LINGARAJA RATH, J.

( 1 ) THE petitioner's conviction under S. 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 6-6-78 to 22-12-78 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 castes and scheduled tribes 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 castes and scheduled tribes students, yet maintained a plea of complete denial of any entrustment of money to him.

( 3 ) MR. S. Misra I, learned counsel for the petitioners; 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 prove