PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CWP No. 3620 of 2008 Date of decision: January 28, 2009. *** Shiv Charan Dass and others Vs. State of Punjab and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Hemant Gupta. *** Present: Shri Munish Jolley,. Advocate, for the petitioners. Shri H.S.Sidhu, Addl: A.G.Punjab. Shri D.S.Patwalia, Advocate. Shri J.S.Ahluwalia, Advocate. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to conduct a probe into the colossal waste and embezzlement of public funds allotted under the Integrated Development of Small and Medium Towns Scheme implemented at Mansa Town for development of a Rose Garden. It also prays for initiation of legal and departmental action against those found guilty for embezzlement and mis-appropriation of the public funds and for recovering the wasted/embezzled funds with interest. When this petition came up for hearing before us on October 30, 2008, the Senior Superintendent of Police (Vigilance Bureau), Bhatinda was directed to look into the matter and submit a report after proper investigation as to whether the expenditure allegedly incurred till September, 2005 was ever incurred. The Senior Superintendent of Police was also directed to report whether there are any benches available at the site and whether there are any signs of water pipes having been fixed. The genuineness of the expenditure incurred by the Municipal Council on filling CWP No. 3620 of 2008 - 2 - up the pond area by dumping sand was also to be verified by reference to the sources from where the sand was procured and the agencies employed for that purpose. The Senior Superintendent of Police (Vigilance Bureau), Bhatinda pursuant to the said directions entrusted the inquiry to the Deputy Superintendent of Police, Mansa who in turn submitted a detailed report, a copy whereof has been filed by Mr. Sidhu, together with an affidavit sworn by Shri Balkar Singh Sidhu, PPS, Senior Superintendent of Police (Vigilance Bureau), Punjab. From a reading of the affidavit and the report enclosed with the same, it is evident that the Deputy Superintendent of Police (Vigilance Bureau), Punjab, Unit Mansa has come to the conclusion that there was a large scale loss to the tune of Rs.33,50,375/- to the government caused by the representatives, officers / employees of the Municipal Council, Mansa in connivance with the contractors employed for the purpose of setting up of a rose garden at Mansa. The report also recommends registration of a criminal case for further investigation into the matter. Mr. Sidhu, counsel appearing for the State Government submits that the report submitted by the Deputy Superintendent of Police (Vigilance Bureau) Unit Mansa wherein he has recommended the registration of a case, has been sent to the DIG Viglance Bureau by the SSP. He further states that the DIG of Police has in turn directed registration of a case in his recommendation dated 17.01.2009. He further submits that a case shall accordingly be registered against those responsible for causing loss to the government, referred to above, and that a proper charge sheet shall be filed before the court of competent jurisdiction after the completion of the investigation. CWP No. 3620 of 2008 - 3 - Counsel appearing for the petitioners submitted that in the light of the above subsequent development, one limb of the petitioners' prayer has been rendered infructuous as the respondents have taken the action required in the circumstances of the case. He submitted that the investigating agency could be directed to expedite the completion of the investigation and filing of a proper report before the competent court. He further argued that apart from registration of a criminal case against those responsible for causing loss to the state exchequer, the respondents ought to take appropriate action under Section 50 of the Punjab Municipal Act, 1911 for the recovery of the amount wasted or mis-appropriated. He drew our attention to the provisions of Section 50 of the Punjab Municipal Act, 1911 to argue that the Deputy Commissioner concerned is empowered to initiate proceedings for recovery of the amount against those responsible for the loss as arrears of land revenue. He urged that this Court could issue directions to the Deputy Commissioner to immediately initiate recovery proceedings against those who were found to be responsible for causing loss or mis-appropriation to the Government fund. On behalf of the respondents including the Municipal Committee, Mansa it was on the other hand submitted that it was pre- mature for this Court to direct recovery of the amount allegedly misappropriated/wasted or mis-utilised as the pre-requisites for initiation of any such recovery in terms of Section 50 of the Act (supra), it was submitted and in our opinion rightly so the extent and the nature of the loss caused shall have to be referred to the Examiner of the Local Fund Accounts, or other audit authority empowered by the State Government in this behalf and that it was only after the identity of those who were actually responsible for the misappropriation of the funds, was established that the Deputy Commissioner concerned can initiate action against them in accordance with law. CWP No. 3620 of 2008 - 4 - Registration of a criminal case against those who allegedly caused loss/misappropriate the public funds has been ordered by the Vigilance Bureau. The question however is whether we ought to determine as to who are the persons responsible for causing the loss or embezzling the amount so as to make them liable to reimburse the embezzled amount to the government in terms of Section 50 of the Act. In our opinion, the proper course, would be to direct the petitioners to file a suitable representation before the Deputy Commissioner pointing out the extent and the nature of loss/misappropriation of funds as also the names of the persons who were responsible for the same. We hope and trust that the Deputy Commissioner would get the matter examined from the Examiner of the Local Fund Accounts, or other audit authority empowered by the State Government in terms of Section 50 of the Act. Upon the needful being done, if the Deputy Commissioner is of the opinion that a case for making recovery is made out against any one within the ambit of Section 50 of the Municipal Act, 1911 he shall start the proceedings against those responsible. Beyond that we consider it unnecessary at this stage to say anything. The writ petition is, with the above observations, disposed off with a direction to the Director (Vigilance Bureau) to expedite the completion of the investigation of the case and to file a suitable charge sheet before the competent court not later than six months from the date a copy of this order is received by him. No costs. (T.S.Thakur) Chief Justice (Hemant Gupta) Judge January 28, 2009 Malik