BABUBHAI GOVINDBHAI PANARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All misdeeds of public servants tolerated in this court have given rise to a situation which has become intolerable. The present is one such case. The applicant was Sarpanch at the relevant time when an F.I.R. bearing C.R. No.I- 49 of 2009 was registered at Velavadar (Bhal) Police Station, District Bhavnagar for offences punishable under section 379 read with 114 of the IPC. In this regard it will be appropriate to refer to the averments made in para 5 of the petition, which read as under:

(2.) The learned advocate for the applicant then submitted that there is already Show Cause Notice issued to the applicant by the District Development Officer, Office of the District Panchayat, Bhavnagar, on 04.02.2009, a copy of which is produced at Annexure 'C' and it pertains to the same very subject matter, viz. cutting of trees, of which estimated value is Rs.2,83,500/-. It is specifically mentioned in para 2 of that notice that illegally cutting trees is undertaken by Shri Himmatbhai Bahadurbhai and there is wilful negligence and carelessness on the part of the applicant and thus, it is a case of financial irregularity which resulted into loss of Rs.2,83,500/- to the Gram Panchayat. It is settled position of law that two simultaneous proceedings can be taken for the same act and that is why because Show Cause Notice is issued by the District Panchayat to the applicant it is not a case of quashing of F.I.R. on that ground.

(3.) The learned advocate for the applicant then invited attention of the Court to the reply given by the applicant to the Show Cause Notice. The learned advocate for the applicant invited attention of the Court to the contents of para 6 of that reply dated 24.02.2009 to the notice. The applicant has denied the allegations made against him and then has stated that,