IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13298 of 2008 Date of Decision: 5.12.2008 Patras and others Petitioners Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.R.D.Sehgal, Advocate for the petitioners Mr. Amol Rattan Singh, Addl. A.G. Punjab for respondents No.1 to 3 Mr.A.S.Gagrha, Advocate for Mr.P.K.Dutt, Advocate for respondent No.4 Mr.B.R.Mahajan, Advocate for respondent No.5 ….. T.S.Thakur, C.J. (Oral) This petition has been filed in public interest by residents of village Nag Khurad Tehsil and District Amritsar. The petitioners make a grievance against collection of donations in the name of development fund by respondent No.5, who was during the relevant period, working as officiating Principal of Government Senior Secondary School, Nag Kalan. The petitioners’ case is that the demand and the receipt of the money in the name of the development fund by the Principal from the students and inhabitants of the area, was without any sanction of law and without any authorization from the government or any other authority for that matter. The petitioners, therefore, pray for appropriate action against respondent Civil Writ Petition No.13298 of 2008 2 No.5 for the said act of misconduct and alleged embezzlement of the amount collected by him. In the counter affidavit filed on behalf of respondents No.1 to 3, it is, inter-alia, stated that an enquiry into the collection of money by respondent No.5 was conducted by the Deputy District Education Officer. This enquiry was followed by another enquiry by the representative of the Finance Department also to go into the question of embezzlement of the funds. Both these enquiries have culminated into proper reports by the Enquiry Officers concerned on which the competent authority has yet to take a final decision. Mr.Amol Rattan Singh, appearing for the respondent-State submits that given reasonable time, the Director Public Instructions, Government of Punjab would examine the enquiry reports and take appropriate action in accordance with law against respondent No.5 if otherwise warranted. He further states that in case the enquiries are not found to be satisfactory, the Director may be free to direct further enquiry into the matter before taking appropriate action. Counsel appearing for the petitioner, however, argues that the collection of donation in the name of development fund and its embezzlement having been established, the respondent authorities should not be allowed to soft pedal the issue. He submits that the Director, Public Instructions could be asked to examine the matter afresh and pass appropriate orders and that the present proceedings could be kept pending till such time the matter is taken to its logical end. Civil Writ Petition No.13298 of 2008 3 We have given our careful consideration to the submissions made at the Bar and perused the record. We are not in these proceedings inclined to examine whether the amount collected by respondent No.5 was embezzled as alleged by the petitioners or spent on development of the School. So also the question whether respondent No.5 could have embarked upon process of collecting money of his own from the students or the inhabitants of the area allegedly for making improvements in the Schools and whether such collection would constitute misconduct on his part so as to subject him to disciplinary action under the relevant rules is a matter that can in our opinion be left to be determined by the Director Public Instructions. The argument that the embezzlement of the amounts collected by respondent No.5 would constitute an offence and should attract prosecution, cannot be brushed aside lightly but before any such prosecution can be launched, the competent authority must arrive at a definite conclusion that there was an embezzlement of amount in question either in full or in part. Suffice it to say that the matter having already come to light and the authorities having already initiated proceedings, the proper course for them is to take the same to its logical conclusion. We therefore direct the Director Public Instructions to look into the matter personally, examine the enquiry reports and determine whether and if so, respondent No.5 committed any misconduct in making collection of development fund from the students and inhabitants and in case any such misconduct is made out, initiate appropriate proceedings against him in accordance with law. We also direct the Director Public Instructions to examine the question whether it is a fit case in which the matter ought to Civil Writ Petition No.13298 of 2008 4 be referred to the proper jurisdictional police or the Vigilance Bureau for taking action against respondent No.5 for the alleged embezzlement committed by him. The needful shall be done by the Director, Public Instructions, Government of Punjab, expeditiously but not later than three months from today. No costs. A copy of the order be given dasti to the State counsel under signatures of the Bench Secretary. (T.S.THAKUR) CHIEF JUSTICE 5.12.2008 (JASBIR SINGH) gk JUDGE