CUTTACK: In a case of travesty of justice, a school employee, who was dismissed from service on charge of misappropriation of funds in 1994, was acquitted by Orissa High Court 19 years after his death.
Bhagirathi Mishra, an employee of Odisha Police High School at Tulasipur in Cuttack was dismissed from his service on September 27, 1994 after being convicted in three criminal cases instituted by managing committee of the school on the charges of misappropriation of school funds. Mishra died in 1999 while the trial in the case was still going on.
The single bench of High Court, comprising Justice Biswanath Rath has directed Commissioner- cum-Secretary, School and Mass Education Department, to treat Mishra to have been continuing in service till his death and compute the arrear and pay within two months.The court has directed payment of 75 per cent back wages from the date of his dismissal till his death with 6 per cent interest, payment of full arrear family pension and gratuity with 6 per cent interest from 12/9/1999 to this date and regular payment of normal family pension to his wife regularly as per rules, informed the counsel for petitioner Prasanna Kumar Nanda.
As per the case record, secretary of the school managing committee, the then DIG had lodged three FIRs against the then headmaster Kulamani Rath and clerk Bhagirathi Mishra in 1984 alleging misappropriation of school fund following which a probe was conducted and charge sheet filed.After trial on 27/09/1994, the Additional CJM (Special) had convicted the clerk and acquitted the headmaster from the charge as a result of which Bhagirathi was dismissed.
Later, the matter carried to High Court in Criminal Revision by Bhagirathi and during pendency of the matter in High Court, Bhagirathi died on 12/8/1999. After his death, his wife, two daughters and two sons challenged the conviction on the ground that Bhagirathi was falsely implicated. They prayed that the conviction be set aside to remove the blot on Bhagirathi’s character.After hearing the plea, the court observed that there was no misappropriation of fund rather the amount was deposited in school pass books and acquitted Bhagirathi from cases.