( 1 ) THIS application for taking action against the non-applicants for contempt of court is by the Magistrate First class, Jabalpur.

( 2 ) LAXMAN Dawande, a clerk of the Head Post office, Jabalpur is being prosecuted for an offence under Section 409, I. P. C. The case was registered on 24-11-1958 in the couri: of Shri B. C. Soni, Magistrate First Class, Jabalpur, from where it was transferred to the file of Ku. Sumitra Gandhi, Magistrate First Class, Jabalpur. After transfer, the case is registered as Criminal Case No. 36 of 1959.

( 3 ) DURING the pendency of the said case, Shri R. B. Choudhary, Post Master, Head post Office, Jabalpur, conducted the departmental enquiry in respect of the same mutter involving a charge of misappropriation of a sum of Rs. 8. 15 N. P. He applicant framed a charge sheet against Dawande. Ultimately, he held Dawande guilty of a grave misconduct. Dewande filed an appeal to the Director of Postal services at Nagpur, the second non-applicant, who however, by order dated 23-41959, acquitted him of the charge of misappropriation.

( 4 ) AS the departmental enquiry was held during the pendency of the criminal prosecutions, the learned Magistrate was o