Bihar State Food & Civil Supplies Corporation Vs. Narendra Kumar Mishra
& Anr [1995] INSC 754 (28 November 1995)
Ramaswamy,
K.Ramaswamy, K.Majmudar S.B. (J)
CITATION:
1996 SCC (7) 183 JT 1995 (9) 293 1995 SCALE (6)733
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
It is
stated that the first respondent was posted as an Assistant Godown Manager in
the Stores. Within a period of three months, he committed defalcation of mis-appropriation
of Rs.2,61,859.30. The mis-appropriation of the said amount took place during
the period of 1976 and earlier. A departmental enquiry commenced on December 12, 1979 and initially the prosecution was
laid in 1985 without obtaining the sanction. The learned Magistrate discharged
the respondent on the ground that the sanction as required under Section 197 of
the Code of Criminal Procedure, 1973 was not obtained. In 1991, the sanction
was obtained and thereafter the prosecution was laid. The High Court
unfortunately has interfered with the matter exercising its jurisdiction under
Section 226 on the ground that there was a delay of 15 years in laying the
prosecution. This was most unfortunate that the High Court would have
interfered but having regard to the distance of time at this stage, it is not
appropriate to interfere with the matter which is at a stage of even starting
of the trial.
Having
considered the totality of the fact of abnormal delay, it is not a fit case for
our interference under Article 136 of the Constitution. We are constrained to
dismiss the appeal on this ground.
Back
Pages: 1 2