VISHRAM BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard the matter finally.

(2.) Learned counsel for the applicant submits that the Judicial Magistrate First Class, Mahasamund has taken cognizance against the applicant under section 420, 409 of the Indian Penal Code, 1860 on the ground that being a public servant the applicant was entrusted with the disbursement of scholarship and he made embezzlement of Rs. 4,20,000/- by false entries regarding disbursement of said scholarship. When the matter reaches to the knowledge of the Collector, the applicant deposited the entire amount. On the basis of internal disciplinary proceeding, a departmental inquiry was initiated. The applicant in the said inquiry submitted his reply stating that the entire amount as alleged for irregularities has been deposited. The Directorate, Public Education vide letter dated 11-7-2017 gave recommendation for minor penalty to the applicant and sent a letter to the Secretary, School Education Department, Government of Chhattisgarh, Mantralaya, Raipur. The applicant has been reinstated in the service after completion of departmental proceedings. He had not embezzled any amount. As the entire amount of disbursement of scholarship has been deposited hence there is no money outstanding with the applicant. It may be termed as irregularities of not disbursing the scholarship within time.

(3.) Learned counsel for the applicant next submitted that as the case has been registered on a complaint filed by a private complainant, the concerned Magistrate after taking cognizance issued summons to the applicant. With this, he is apprehending his arrest when he will appear before the concerned trial court in response to the summons issued against the applicant.