1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1909 OF 2010 Shrikant Kamlakar Ayachit, Age-48 years, Occu-Service, R/o.Anandnagar, Osmanabad, Tq. and Dist. Osmanabad APPLICANT VERSUS The State of Maharashtra and another RESPONDENTS Smt.S.S.Jadhav, learned counsel for applicant. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 30/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.32/2010, registered in Dhoki Police Station. 2. Record shows that the application was initially moved in vacation, and on 14/05/2010, interim protection was granted to the applicant, and this interim protection was extended from time to time. 3. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 4. It is not under dispute that the applicant was working in the year 2004 as Sectional Engineer with Minor Irrigation Department of Dist. Osmanabad. During the period 2004-06, he was on deputation to Zilla Parishad, Osmanabad to complete the implementation of the work granted by the Government under the scheme known as Employment Guaranty Scheme. Under the said scheme, certain field tanks are to be constructed in the fields of the individuals. According to the learned counsel for applicant, under the procedure, as per her instructions so far as this scheme is concerned, it is supervised at 3 lavels, by Panchayat Samiti, by Zilla Parishad Officials and under the control of Executive Engineer of Revenue Authorities i.e. the Collector concerned of Dist.Osmanabad, who is In-charge of this scheme. According to her, after the work was completed, the Jr.Engineer, in the present case the applicant himself, is supposed to submit the compliance report about the work carried out in the fields of the individuals. Thereafter this compliance report is to be physically verified at 3 lavels i.e. by the officers of the Panchayat Samiti, Z.P. officials, and Executive Engineer attached to the office of the Collector, Revenue Authorities. After this physical verification, consent from the concerned agriculturists require to be obtained about the work carried out in their fields and after the consent is obtained from the concerned beneficiaries, in whose field, the field tanks are constructed, then only the bills are to be disbursed. According to her, bills about the labour charges are not paid through the Jr.Engineer, and the entire work was carried out during the period 2004 to 2006. 3 5. It is also contended across the bar that show cause notice was issued to the applicant, by the C.E.O., Zilla Parishad. dated 08/10/2009 before the present offence was registered against the applicant. He has replied the show cause notice vide his reply dated 26/10/2009. The show cause notice indicates that the complaints were received about the construction of field tanks in Gat No.121, 363, 344 and 331. In the reply to this show cause notice, it is contended that so far as the field tank constructed in land Gat No. 121 is concerned, the work was commenced on 26/05/2004 and completed on 31/07/2005, and the spot was located at the instance of son of owner of that field. So far as the field tank constructed in land gat no.363 is concerned, the work was commenced on 16/07/2005 and the work was incomplete till 23/03/2006, and the spot was located in the said field at the instance of son of owner of that field. The third field tank was constructed in land gat no.344 and the work was commenced on 16/08/2005 and completed on 30/09/2005, and this spot was located at the instance of 2 sons of the owner of that field as well as son of the owner of land gat no.121. It is also explained that after the work was completed, the complaint was lodged that the fields where the field tanks were constructed, are the lands reserved for cremation, but no revenue record is available to that effect. It is also alleged that at the place where the field tanks were constructed, there was already an old well in existence. It is also replied that at the time of physical verification of the said spot, depth of the field tank was measured and considering the depth of the field tank, it can not be termed that there was existence of old 4 well, which was converted in the field tank. Land Gat No.363 where the work was commenced on 16/08/2005 and completed on 30/09/2005, it is alleged that this spot was also located at the instance of owner Rajendra Shivaji and son of the owner of the land gat no.121. After completion of work, allegations were made that the field tank was not in fact constructed in land gat no.331, but was constructed in some other land. 6. It is nowhere disputed either in the show cause notice as well as in the explanation given to the show cause notice that the work was not carried out, but there are allegations that the work was not carried out in the gat nos. mentioned of the agricultural fields but at some other places. 7. In this background, perused the complaint. This complaint appears to be lodged at the instance of one Giriraj Kisanrao Joshi, who is styled himself as C.E.O. Zilla Parishad, Osmanabad. On clear perusal of the said complaint, it reveals that there are allegations about mis-appropriation of funds comprising Rs.1,03,592/- about the construction of those 4 field tanks, for which the complaints were received from the concerned land owners. It is to be noted that learned APP is unable to place on record the papers of procedure as demonstrated across the bar at the hands of Jr.Engineer. What is the procedure followed either by the Panchayat Samiti, or by the Zilla Parishad while sanctioning the bills after submitting the report about completion of work is not on record. In absence of physical 5 verification of work carried out under the said scheme, even though the procedure is laid down, where the contracts of the Government work are allotted to the private individuals also, always the funds are distributed after the physical verification of the work carried out and if without verifying the said work, the bills are sanctioned, then all the officials working in the Panchayat Samiti, Zilla Parishad and Collector Office are to be arrayed as an accused as they are the conspirators in hatching these mis-appropriation of the government funds. It is stated across the bar by learned APP that all the remaining office bearers were also arrayed as an accused in the complaint, but I do not find anywhere in the complaint that these officers are arrayed as an accused in the complaint. Thus the fact remains that the bills are sanctioned after physical verification of the work, and in absence of record to that effect, which is maintained in the office of Zilla Parishad, and not made available to this office, case is made out to enlarge the applicant on anticipatory bail by putting some conditions, Hence order : O R D E R 1. Application is allowed. 2. Interim protection granted to the applicant on 14/05/2010 is hereby confirmed and to continue till filing of the charge sheet. 3. Within meantime, applicant to attend the police station, if required, on written intimation by the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1909-10