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Judgment
The prayer of the petitioner is to quash the citation dated 441984 as contained in Annexure3.
The relevant facts for the purposes of disposal this writ petition are in narrow compass. The petitioner at the relevant time was Sale Point Supervisor at Nagla Bhajuwa in Block Sakit, District Etah, who was dismissed on 3111974 after he was found guilty in the departmental proceedings. He was found to have embezzled government property worth Rs.22182.91 paise which is sought to be recovered from him through the recovery proceeding.
Sri Prakash Chandra, learned counsel appearing on behalf of the petitioner, made a short contention, namely, that the criminal case instituted against the petitioner in regard to those very government properties by this Court, ultimately ended in his acquittal and for this reason the recovery proceeding is liable to be quashed.
Sri Yadav, learned Standing counsel, on the other hand, contended that it is true that after his conviction by the trial court in petitioner''s Criminal appeal No. 2002 of 1976 this Court held that it was very doubtful that it was he who had misappropriated the deficit stocks which, means that the petitioner was given a benefit of doubt, besides this finding although recorded by this Court shall remain of a criminal court and thus shall have no bearing on the controversy in question.
On the showing of Mr. Prakash Chandra himself it is clear that this Court had given benefit of doubt to the petitioner in the criminal case. This is of no help to the petitioner so far as his prayer to quash the recovery proceeding is concerned.
In the result we do not find any merit in this writ petition. Accordingly, we dismiss it but in the peculiar facts and circumstances make no order as to cost.
The office is commanded to despatch a copy of this judgment to respondent No. 1 before whom the recovery proceedings were are pending against the petitioner.
Writ Petition accordingly dismissed.