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1977 DIGILAW 550 (MP)

Krishna Gopal Kharia v. Director of Public Instructions, M. P. Bhopal

1977-11-17

M.L.MALIK, SHIVDAYAL

body1977
Short Note : 1. The petitioner, at the relevant time in the year 1967, was an Assistant District Inspector of Schools, Nainpur Range. He came to Nainpur and disbursed pay to member of teachers till about 10-30. P.M. He then felt hungry, came to his house with the balance of over Rs. 13,000, kept the bag containing the money under the folds of his quill, locked the house and went to the Railway Canteen for dinner. When he returned after dinner, he found the house burgled. The petitioner was charge-sheeted for causing loss to the Government of Rs. 13,241.85 Nps. by his negligence. The competent authority found him guilty of negligence and imposed a penalty of recovery of the amount from his pay at the rate of Rs. 100 per month. The petitioner challenged the recovery of the whole amount. Held : The authorities had no doubt a discretion in the matter whether they should recover the whole loss or a part of it. But this Court in its writ jurisdiction would not substitute lesser punishment, however, the Court might feel that under the circumstances, the petitioner could be dealt with somewhat lightly. The loss had been caused by negligence of the petitioner and he has been asked to make good the whole loss. Petition dismissed.