wp2183.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2183 OF 2008 Laxman s/o Munjaji Sonner .. PETITIONER VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. Abhijit Choudhary, advocate holding for Mr. D.J. Choudhari, advocate for the petitioner. Mr. P.P. More, AGP for the State. Smt. Preeti Diggikar, advocate for respondent no.5. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 15 th FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 The main prayer made in the writ petition reads thus : C The respondent nos. 1 to 5 may please be directed to hold enquiry and take appropriate action against the responsible persons by disposing of the representations dated 9.1.2008, 18.1.2008 and 14.2.2008, respectively, by wp2183.08 2 issuing writ of mandamus, order or directions in the nature of writ of mandamus. 3 This court on 18-9-2008 passed the following order : . Para 2 of the reply of Trimbak Wamanrao Deshpande, Deputy Engineer (District Rural Development Agency, Parbhani) shows that length of the road was shown in the estimate sheet as 725 meters and actually only 681.10 meters road was constructed. So also in respect of Nalla, the estimate sheet was shown the length of Nalla as 150 meters, actually no construction of Nalla was carried out and money in respect of this has been paid. 2 This clearly prima facie amounts to misappropriation of the public funds by the respondents. Apart from the departmental enquiry, it is clear that the case disclose a criminal offence. Therefore, the affiant or the person responsible to immediately file an F.I.R. with the concerned police station. The respondents are further directed to inform this court as to the disciplinary proceedings to be initiated against the erring officials, who have certified the wrong measurement of construction of the road and allowed the money to be misappropriated. Report to be filed within two weeks. wp2183.08 3 3 Thereafter on 15-12-2009 the following order was passed : 1 By order dated 18 th September, 2009, this Court (F.I. Rebello & K.U. Chandiwal, JJ.) observed that, the case, clearly, prima facie amounts to misappropriation of the public funds by the responsible officers. Apart from the departmental enquiry, it was observed that the case discloses a criminal offence. Therefore, directions were issued to file First Information Report to the concerned police station and initiate departmental proceedings. 2 The respondent No. 5 – Chief Executive Officer, Zilla Parishad, Parbhani shall disclose as to whether departmental enquiry was initiated against the concerned officers, according to orders of the Court, and what is the result of the same. It shall further be disclosed regarding progress of First Information Report, if any, filed, as directed by this Court. 3 We observe that in case in the departmental enquiry it is proved that the concerned officers are involved in misappropriation, then strict action is desirable after following principles of natural justice. The Chief Executive Officer, Zilla Parishad shall file additional affidavit in reply by the next date. wp2183.08 4 4 In pursuance of the aforementioned orders passed by this court, the Chief Executive Officer, Zilla Parishad, Parbhani has filed reply affidavit on 7-2-2011. Paragraph nos. 2, 3 and 4 of the reply-affidavit read thus : 2 I say and submit that, as per the directions given by this Honourable Court in Order dated 18.9.2008 the respondent lodged First Information Report on 27.9.2008 with Police Station, Gangakhed against Sarpanch, Village Development Officer, Panchayat Samiti, Gangakhed for the offence punishable under Sections 406 and 34 of the Indian Penal Code. Copy of the F.I.R. is annexed herewith and marked as EXHIBIT “R-5”. 3 I further respectfully say and submit that, after due enquiry in the matter vide Order dated 5.4.2009 punishment of stoppage of increment for one year without affecting future increment has been imposed upon the Village Development Officer, Gramsevak Prashikshan Kendra, Parbhani and Sectional Engineer, Panchayat Samiti, Gangakhed. Copies of both the Orders dated 5.4.2009 are annexed herewith and marked as ANNEXURE “R-6” COLLECTIVELY. wp2183.08 5 4 I respectfully say and submit that, now on 5.2.2011 Show Cause Notice has been issued to the then Sarpanch, Gram Panchayat, Khali, Tq. Gangakhed, Village Development Officer, and Sectional Engineer of Panchayat Samiti, Gangakhed, thereby calling upon to show cause as to why recovery of Rs.1,32,989/- as against bad quality of th work of construction of concrete road should not be made against them and further calling explanation as to why the work of Nalla was not carried out. A period of 3 days has been given to them to submit their reply to the Show-cause notice or otherwise, administrative action will be taken against them. Copy of the said Show cause Notice dated 5.2.2011 is annexed herewith and marked as ANNEXURE “R-7”. 5 In view of the reply-affidavit filed by the Chief Executive Officer, learned counsel for the petitioner fairly submits that the prayer in the writ petition stands satisfied. In the circumstances, we dispose of the writ petition observing that the Chief Executive Officer, Zilla Parishad, Parbhani, will take the enquiry / criminal complaint initiated / lodged, as stated in the affidavit, to their logical conclusion. 6 Petitioner is allowed to withdraw the amount deposited by him in wp2183.08 6 pursuance of the order dated 4-4-2008. 7 In view of disposal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb