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1. The appellant before us is the ex-Inspector of Factories under the Government of Orissa. He was taken into service on 14-9-47 and suspended therefrom on 15-10-48 as a result of allegations of official misconduct which form the subject-matter of the present prosecution and of another criminal prosecution in which he has been acquitted. As Inspector of Factories, he had to inspect the various factories and mills in the State of Orissa. For the said purpose, he toured in the District of Koraput from 18-8-48 to 27-8-48 and in Balasore District from 29-9-48 to 30-10-48.

Name of the Mill and the place Date of Inspection.

Amount of bribes.

District Koraput.

1.

Laxmivillas Rice Mill, Jayapur.

1-8-48 Rs. 200/-

2. Laxminarayana and Anna-purna Rice Mills, Joypur.

23-8-48 Rs. 500/-

District Balasore.

3. Laxminarayana Rice Mill, Bahangabazar.

29-9-48 Rs. 100/-

4. Bajrangabli Rice Mill, Bahanagabazar.

29-9-48 Rs. 300/-

5. Satyanarayan Rice Mill, Khantapada.

30-9-48 Rs. 300/-

11. Now proceeding to a consideration of the details of the case, the prosecution in order to substantiate the charge of "criminal misconduct" under Section 5(2) of the Act, against the appellant has given evidence of :

1. Unexplained disproportion between the pecuniary resources found in possession of the accused and known sources of income, bringing the case under Section 5(3) of the Act.

2. Collection of bribes in the course of inspection of two mills at Joypur in Koraput District and four mills at various places in Balasore District.

35. As stated in the earlier part of this judgment, though the charge, has not, in terms, specified what are the various items of bribery, which the prosecution proposes to put forward against the accused, the items actually given in evidence are six, two in the Koraput District and four in the District of Balasore. Those relating to Koraput District may be taken up in the first instance.

36. The accused made an" inspection tour of the Koraput District from 18-8-48 to 27-8-48. Out of the two incidents, relating to Koraput mills, which are given in the evidence, that which relates to Laxmivillas rice mill at Jeypore, may be left out of consideration, inasmuch as the learned Sessions Judge has found that the evidence of P.W. 6 who is the only witness relating thereto, is not only not corroborated, but is unreliable. The other item of Koraput District, relates to the bribe of Rs. 500/-alleged to have been paid by P. W. 2 to the accused on 22-8-48 in connection with two mills of Jeypur. Both these mills were at the time under the management of Nilachala Trading Co. of Jeypur.