OdishaLIVE Bureau
Late Bhagirathi Mishra, a high school clerk absolved of all charges
In a Historic Judgment, Orissa High Court gave Justice to family of Late Bhagirathi Mishra after 34 years of their suffering. This huge relief is one of its kind in the History of Service Law.
Justice Biswanath Rath authored the Judgement and ruled to pay back wages,gratuity and family pension with 6% interest to Bhagirathi Mishra, an employee dismissed from service on 27.091994 on account of his conviction in three criminal cases instituted by Managing Committee of Odisha Police High School,Tulasipur Cuttack on the allegation of misappropriation of school funds.
At the time of judgement, Bhagirathi Mishra had 2 sons and 2 daughters namely Rina Mishra, Ena Mishra, Durga Prasad Mishra and Deba Prasad Mishra. All children were minor at the relevant point of time.
The court held that Mr. Mishra was falsely implicated and in view of acquittals in all three cases there remains no criminal case against him and directed theCommissioner- cum- Secretary, Department of School and Mass Education, Govt of Odisha to treat original petitioner Bhagirathi Mishra to have been continuing in service till his death. The court further directed to compute the arrear and pay within two months at maximum.
Rabati Mishra wife of Late Bhagirathi said “I am extremely happy to hear the Judgement.Ultimately truth prevailed. I knew my husband was innocent and he was fixed with a conspiracy. Tears are coming to my eyes. We would have been happy if same could have been done little earlier”.
The HC further directed for payment of 75 % back wages from 27.9.1994 till death of the petitioner i.e. 12.09.1999 with 6% interest and further payment of full arrear family pension, and gratuity with 6% interest from 12.9.1999 to till date and further payment of usual family pension to his wife regularly as per rules.
Prasanna Kumar Nanda Advocate for petitioner said ” It was a great challenge all through. Though he was innocent but was a victim of law. It took time to first get conviction set aside that too honourably.There after we proceeded with the writ petition. However, it happened now court has granted interest @ 6% on the arrear dues,gratuity and family pension. I think it will compensate in terms of money and the family will happy.
History of the Case
Bhagirathi Mishra was appointed as a clerkin Odisha Police High School of Odisha in 1973. He was promoted as Upper Division Clerk in 1979.DG and IG of Police happens to be the President of the School and DIG of Police was the secretary of the School. Being Secretary of the School,the then DIG lodged three FIRs against the then Headmaster Kulamani Rath and clerk Bhagirathi Mishra in the year 1984.
After investigation,charge sheet was submitted and after trial on 27.09.1994 Court ofAddl. CJM(Special) convicted the clerk Bhagirathi and acquitted Headmaster Kulamani Rath from the charge. As a consequence of conviction, he was dismissed on 8.3.1996with effect from the date of conviction 27.09.1994.
Bhagirathi challenged the order of dismissal from service by way of a writ petition in High Court of Odisha in the year 1996 through Advocate Prasanna Kumar Nanda.In the meantime, the Appellate court acquitted Bhagirathi from one case and confirmed the conviction in two other cases.
However,the matter was carried to the High Court in Criminal Revision by Bhagirathi and during pendency of the matter in High Court, Bhagirathi died on 12.08.1999 and after death of the petitioner bhagirathi, the legal hairs i.e. wife of Bhagirathi and his four children including two daughters and two sons substituted themselves through Advocate Prasanna Kumar Nanda and challenged the conviction on the ground that Late Bhagirathi is innocent and falsely implicated. They further prayedto set aside the conviction and removal of stigma of their deceased father.
High court after the hearing in 2017 acquitted Bhagirathi from cases with a clear observation that there has been no misappropriation of fund rather all the amount has been deposited in different pass books. HC held as follows: “Trail court as well as Appellate court has proceeded pedantically without making an in-depth analysis of facts and circumstances and evidence led in the trial in its proper prospective and have blindly accepted the ocular evidence without scrutinising the documentary evidence in its proper prospective which has resulted in miscarriage of Justice in the case.
Further Justice Rath held “Since I am of the view that the amount which was entrusted to the petitioner has not been misappropriated by him rather it has been deposited in different pass books of the teachers, the order of conviction of the petitioner under section 408 of IPC is not sustainable in the eye of law”.
