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1976 Supreme(All) 236

P.N.BAKSHI
Jai Prakash Mittal – Appellant
Versus
State – Respondent


Advocates appeared:
H.C. Kharbanda, R.R. Agarwal

JUDGMENT

P. N. Bakshi, J.

1. THE petitioner No. 1 is a superintendent of Education and petitioner No. 2 is a clerk in his office. Respondent No. 2 Sukhdas is the Head Master of the Junior Basic Balak Vidyalaya, No. 4 Gangeru Road, Police Station Kandhla, district Muzaffarnagar.

2. THE allegations as set out in this petition are that petitioner No. 1 had inspected the institution of respondent No. 2 and he found certain irregularities therein with the result that he warned him on two occasions. Subsequently, respondent No. 2 began to make false and frivolous applications against the petitioner to the higher authorities. It is alleged that respondent No. 2 belongs to the schedule caste community. A report was filed by respondent No. 2 vide annexure 1 against the petitioners No. 1 and 2. The substance of this report disclosed that the allegation against the petitioners were that they had called respondent no. 2 to be a very mean man who deserves to work at Bhatta and mend hoes. On the basis of these allegations it was alleged that an offence under section 3/4 of the Untouchability (Offences) Act of 1955 has been committed. In pursuance of this report a charge sheet has subsequently bee




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