SUGNESHKUMAR DINESHCHANDRA POPATIYA (DECEASED) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court seeking directions for release of subsistence allowances from 30.7.2011, and further inaction on the part of the respondents no. 2 and 3 of not initiating any action against respondent no. 4 or not issuing directions on the complaint of the petitioner.

(2.) The petitioner was working as an Accountant with respondent no. 4 - Market Committee and is stated to have misappropriated Rs. 7 crores, for which, FIR bearing I-CR No. 145 of 2011 is lodged before the Deesa City Police Station for the offence punishable under sections 408, 409, 467, 471, 477, 119 and 114 of IPC. It is further the case of the petitioner that after his suspension on 30.7.2011, he was entitled to subsistence allowances which was not paid to the petitioner. After the death of the petitioner, LRs of the petitioner are entitled to withdraw this amount, however, the same is not paid or the details of the amount where the amount is deposited is not disclosed by the respondents.

(3.) This petition has been contested by the respondents by filing detailed reply, wherein, it has been stated that huge amount has been misappropriated by the petitioner while working as an Accountant with the Market Committee. According to the respondents, the petitioner as well as his family members have purchased land which clearly raises a presumption that the said land has been purchased out of the fund of the market committee which has been misappropriated. The Committee has, therefore, preferred Special Civil Suit No. 34 of 2012 before the Principal Senior Civil Judge, Deesa for recovery of the amount so misappropriated along with an application for interim injunction.