1996 (2) TMI 553

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....espondent was a clerk in the Municipality. He was alleged to have misappropriated a sum of Rs. 1548.78p by falasifying the accounts. He was prosecuted i a criminal case and convicted under Section 409 of the Indian Penal Code and sentenced. On appeal, the conviction was altered from Section 409 to Section 468 of the Indian Penal Code. Section 468 reads: "Whoever commits forgery intending ....

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.... respondent has been convicted of a serious crime and it is a clear case attracting under proviso (a) to Article 311 (2) of the Constitution. In a case of such nature - indeed, in cases involving corruption there cannot be any other punishment than dismissal. Any sympathy shown in such cases is totally uncalled for the opposed to public interest. The amount misappropriated may be small or large; i....