KISHORBHAI GANPATBHAI SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the petitioners are arraigned as accused in the impugned FIR bearing C.R. No. I - 52 of 2016 dtd. 8/9/2016 registered with Sami Police Station, Patan, for the offences punishable under Ss. 409 , 465 , 467 , 477A and 114 of the Indian Penal Code and both the petitioners have prayed for quashing the same under Sec. 482 of the Code of Criminal Procedure.

(2.) It is alleged in the FIR that Swachchh Bharat Mission (Scheme) came to be introduced and implemented by the State of Gujarat since the year 2014. Under the scheme it was decided to give monetary help by way of grant to the Gram Panchayat. It is submitted that as per the scheme the Gram Panchayat has to pass resolution including the area in which the money is required and thereafter the same is to be submitted to the Deputy Taluka Officer. It is submitted that the Deputy Taluka Officer and Extension Officer has to verify all the records, and after detailed verification, the said record is required to be forwarded to the Taluka Development Officer (for short "TDO"), who, in turn, forward all the documents and records to the District Development Officer (for short "DDO") alongwith proposal (Darkhast) for grant of the amount as stated by the Gram Panchayat in the resolution.

(3.) Mr. Premal Nanavati, learned Senior Advocate alongwith Ms. Kavita Gajjar, learned advocate for the petitioners submits that both the petitioners are the relevant time had no role to play; the petitioner as TDO had only forwarded the proposal towards the resolution forwarded to him. Mr. Nanavati, learned Senior Advocate for the petitioners states that, as per the observations in the departmental inquiry, the petitioner- TDO had taken the charge only prior to 5 to 6 days while sending the proposal, and therefore, during the departmental inquiry no liability was found. He further states that the process itself suggest that the Committee consisting of these four members would prescribe broad guidelines and would instruct the concerned TDO to get the proposal prepared from concerned village panchayat, and accordingly, the Village Panchayat would prepare the proposal and send it the same to the TDO, who, in turn, would after examining the same, would forward to the concerned DDO. Ultimately after due scrutiny, the amount mentioned in the proposal, if found appropriate, will be disbursed in favour of the concerned Village Panchayat to be utilised for the implementation of the above-referred scheme. Mr. Nanavati, learned Senior Advocate states that during the entire exercise the only role which the petitioner as Senior Clerk has to play is to collect various data, and in the entire procedure prescribed, all the amount through transfer is issued in the account of Village Panchayat and no amount would come in the hands of the petitioner as a Senior Clerk for any withdrawal or disbursement, the proposal is to be reviewed by DDO, and only if the said proposal is found appropriate then he will forward the same to the Secretary, State Government.