IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1071 of 2010 KUMARI MALTI Versus THE STATE OF BIHAR & ORS ----------- 3 28.10.2010 Heard counsel for the petitioner and the State. The petitioner seeks quashing of the F.I.R. of Kauwakole P.S. Case No.64 of 2010 dated 15.6.2010 registered for an offence under sections 409, 420, 467, 468, 471 and 120B of the Penal Code. The petitioner is posted as Lady supervisor of Child Development Project Office, Kauwakole block in the district of Nawada. The prosecution case in short is that the District Magistrate, Nawada vide his order dated 24.5.2010 contained in memo no.1695/Conf. has constituted three members Enquiry Committee consisting of Shri Bidu Bhushan Choudhary, D.P.O. Nawadah (the informant) and two others in view of the complaints received with regard to the functioning of Aanganwari Centres of Kauwakole Block. After enquiry, the enquiry team submitted his report on 7.6.2010 contained in memo no.309 dated 3.6.2010 mentioning that huge misappropriation of amount has been made in the adjustment of poshahar amount in which the involvement of C.D.P.O., the Accountant of Kuawakole along with all who have signed over the purchase register cannot be ruled out. The enquiry team also stated that in adjustment of vouchers for the month of 2 January to March, 2010 purchase register of Aaganwari Centre has been made basis for the same. However, cash memo/receipt has not been found enclosed with the said purchase register and the concerned Sevika has entered the account which is equal to Rs.10,975 which is sanctioned/withdrawn amount for poshahar. The lady supervisor, Sevika, Chairperson and other members of the Poshahar Karvayayan Samiti have put their signature thereon and the said amount was passed by the C.D.P.O. by affixing a stamp as sanctioned of Rs.10,975/- which is against the rule of accounting. It is also reported that though Poshahar for Patori and Mansagar Centre has been purchased from the shopkeeper namely Rajendra Sah whose shop is situated at a distance of 500 feet but the transportation charge to the tune of Rs.100/- has been shown as expenditure against transportation and the same has also been passed by the C.D.P.O. On the basis of the aforesaid enquiry report, the District Magistrate vide his order dated 15.6.2010 directed Shri Bidhu Bhushan Choudhary, District Programme Officer, Nawada to institute a F.I.R. against Smt. Sushma Kumari, C.D.P.O., Kauwakole, Shri Lal Bhadur Ram, Accountant and Smt. Urmila Devi, Lady Supervisor, Kauwakole for offences punishable under sections 409, 420, 467, 468, 471 and 120B of the Penal Code. Thereafter Shri Bidhu Bhushan Choudhary, Sr. Deputy Collector cum District Programme Officer, Nawada made a written report to the Officer-Incharge Kauwakole P.S. annexing 3 a copy of the D.M’s order as well as enquiry report. The petitioner submits that the State Government sanctions amount for poshahar month wise for each Aaganwari centre from which the Poshahar is to be purchased by the Poshahar Karyanvayan Samiti of the concerned Aaganwari Centres to the tune of Rs.10,975/- and a sum of Rs.100 has been sanctioned for transportation. The petitioner further submits that Poshahar Vitaran Karvayan Samiti consists of five members including the Chairperson and member Secretary (Aanganwari Sevike of the Centre). The petitioner states that she is neither drawing and disbursing officer nor member of the purchase committee. As stated above, it is the C.D.P.O. which withdraws the money of Poshahar for each centre for four months at a time from the Treasury against the allotment of fund and transfer the same in the joint account of Savika and Chairperson of Poshahar Karyanvanyan Samiti of each centre and out of which the Poshahar Karyanvanyan Samiti of the Aaganwari centre purchases the Poshahar materials. The petitioner’s duty is to put her signature on purchase register after verification of purchase of Poshahar and physical verification of the stock. The petitioner further submits that the Secretary, Social Welfare Department, Government of Bihar vide his letter dated 17.3.2010, contained in Annexure-3, stated that the purchase register maintained by the Savika of Aaganwari Centre would be deemed/considered as vouchers for audit and as such the cash memo/receipt of the 4 shopkeeper/transporter are not required to be enclosed along with the purchase register. As per the aforesaid letter the said purchase register is submitted as voucher against the purchase of Poshahar materials by the Sevika of the concerned centre before the C.D.P.O. for passing the voucher on which the Lady Supervisor also put her signature after verification of the purchase of poshahar materials. The petitioner submits that apart from her role as lady supervisor, she has to do various other works and in fact at the relevant time she was only lady supervisor and was performing the work of seven lady supervisors alone. Learned counsel for the petitioner submits that the Principal Secretary, Home Department, Government of Bihar vide his letter no.6211 dated 9.6.2008 addressed to all Principal Secretaries, Head Of Departments, all District Magistrates and all Superintendent of Police issued certain instructions regarding institution of the F.I.R. against the government officials/staff in discharging official duty. It has been stated that before institution of the criminal case due sanction is to be taken from the departmental head. Further in respect of administrative lapses a disciplinary proceeding should be initiated and no criminal case should be instituted thereof. Counsel for the petitioner submits that the petitioner signed the register in course of her supervision which was signed by all the members of the Committee after due verification. 5 KHAN The State counsel seeks further time to file counter affidavit. Having regard to the facts and circumstances of the case and the plea taken by the petitioner, this court is not inclined to pass any positive order quashing the prosecution case. However, an opportunity is granted to the petitioner to file a representation before the Investigating Officer/Superintendent of Police, Nawada raising all her grievances who would consider the same in accordance with law. In order to enable the petitioner to file a representation before the authorities concerned, no coercive steps would be taken against the petitioner for a period of five weeks from today. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)