RATILAL JIVANLAL AARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application has been filed praying for the following reliefs:-

(2.) The factual matrix in the present case is that the complaint came to be filed by the complainant i.e. Gajubhai Chaudhari, who was the Taluka Development Officer, Amod, District Bharuch on 10/12/1995 wherein it was alleged that a scheme for construction of residential premises was floated by the State Government for persons belonging to Scheduled Tribe, for which the Notification dtd. 1/8/1989 was issued by the Department of Social Welfare, Government of Gujarat. That, as per the said notification, limit of financial assistance and the amount of loan was fixed to be disbursed to such persons belonging to the Scheduled Tribe and it was the responsibility of the concerned officer, employees and office bearers to implement the scheme to the beneficiaries of villagers of Acchhod, Chaklad, Kobla, Danda and Sudhodara of Amod Taluka, Bharuch District and in the cases of these villages, amount was sanctioned and draft was issued by the Social Welfare Department of the Panchayat. On an inquiry being made by the Treasury Officers about the identification of the bearers of the drafts, it came to the notice of Higher Official that there was some discrepancy and therefore, the District Development Officer was directed to inquire into the matter. Pursuant to the said order, the District Development Officer inquired into the same and during the inquiry in respect of the beneficiaries of villages i.e Acchhod, Chaklad, Kobla, Danda and Sudhodara, it was revealed that a sum of Rs.12,475.00 was misappropriated and there was an attempt made to misappropriate a further amount of Rs.1,45,925.00. According to the allegations made in the complaint, all the petitioners were accused and they hatched the alleged conspiracy to misappropriate the funds allocated to the scheme which was to be disbursed as building aid. On the basis of such inquiry, a complaint came to be filed on registration of F.I.R. and first investigation was carried out. According to the Investigating Officer sufficient incriminating evidence was found against the petitioners and all of them came to be charge-sheeted before the Civil Court, Bharuch. The petitioners came to be tried for the said offences and the learned Trial Court convicted the petitioners herein for the offences alleged and sentenced them to rigorous imprisonment for the period of three years to ten years for various offences. Accordingly, the petitioners accused filed appeals before this Court which came to be admitted. Accordingly, the petitioners were given show-cause notices for conducting departmental inquiries and the petitioners duly replied to the such notices. Thereafter, the departmental inquiries conducted against the petitioners. After the judgment of conviction, the petitioners were terminated from service of the respondents on the basis of such conviction. By order dtd. 9/6/2006, all the petitioners were terminated from service. That, by the order dtd. 7/4/2006, the District Development Officer, Bharuch directed the Social Welfare Officer, District Panchayat, Bharuch to initiate the recovery of Rs.1,45,925.00 i.e. the amount attempted to be misappropriated by the petitioners herein. It was fuhrer directed that such amount be recovered from arrears of land revenue. Pursuant to the receipt of the order dtd. 7/4/2006 issued by the District Development Officer, the District Social Welfare, District Panchayat, Bharuch by letter dtd. 18/2/2007, issued a notice to the petitioners calling upon them to pay Rs.16,214.00 to be equally divided and payable by all the petitioners.

(3.) Aggrieved the petitioners have preferred the present Special Civil Application.