Brij Mohan Lal Saxena vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2243

MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Brij Mohan Lal Saxena – Appellant
Versus
State Of U. P. – Respondent

Advocates Appeared:
For the Appellant : Shesh Kumar Srivastava
For the Respondent: Baleshwar Chaturvedi, C.S.C.

JUDGMENT :

1. Heard Shri Shesh Kumar Srivastava, learned counsel for the appellant and Shri Baleshwar Chaturvedi, learned counsel for the respondents.

2. Present Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred against the judgment and order dated 19.07.2018 passed by learned Single Judge of this Court in Writ A No.31782 of 2013 (Brij Mohan Saxena vs. State of U.P. & 4 others).

FACTUAL MATRIX

3. In brief, the facts of the case are that appellant-petitioner was initially appointed as Routine Grade Clerk in Uttar Pradesh Power Corporation Limited[UPPCL]. At the relevant point of time, he was working as Cashier in the office of the Executive Engineer, Irrigation Division, UPPCL. On 25.02.2000 electricity dues of Rs.4,81,499/- were collected from the consumers in special camps organized for that purpose and it was kept in the chest maintained in Khandiya Karyalaya (Divisional Office) in presence of Sri Keshav Dev Pandey, Assistant Engineer (Revenue) and also some other officials. Thereafter, the petitioner and Sri Keshav Dev Pandey, Assistant Engineer went to their homes.

4. On the next date i.e. 26.02.2000 at 10.15 AM, the petitioner came