NARASINGHA PATNAIK Vs. STATE OF ORISSA,

JUDGEMENT

(1.) The appellant has been convicted under Sec. 5 (2) read with Section 5 (1) (c) and (d) of the Prevention of Corruption Act (Act II of 1947), hereinafter referred to as the Act, and sentenced to undergo R. I. for one year for the offence under Sec. 5 (1) (c) and no separate sentence has been passed for the offence under Sec. 5 (l) (d), by Sri B. K. Behera, Special Judge, Bhubaneshwar on 22.12.1969 in context of the following facts.

(2.) The appellant was serving as Samtary-cum-Food Inspector in Bhanjanagar Block-I from March, 1964 to March, 1966. While so working, it is alleged, in the year 1965 he abused his official power, collected food licence fees from 13 persons amounting to Rs. 72.00 (details given in the judgment of the learned Special Judge) and misappropriated the same by converting the amount to his own use. The defence was a flat denial of having received any money from the persons named and thus there was no question of misappropriation or abuse of official power. The specific case of the appellant was that one Natabar Padhi a disinfector, who was working under him, was transferred on a confidential report made by him to the District Health Officer, but he took leave, continued to stay at Bhanjanagar, and being a representative of the Ganjam District for Class IV Employees Association, joined hands with others including the Inspector of Vigilance who conspired and foisted this false case instigating some people to depose against him.

(3.) Out of 13 instances of misconduct alleged and he was charged with, the learned Judge found instances 1, 3, 4 and 7 to have been proved and so held the appellant guilty as aforesaid.