AJAY KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) The offence in question relates to misappropriation and misutilization of government funds under the Rajya Nagri Vikas Abhikaran (SUDA). By the scheme integrated, low cost sanitation were to be introduced in place of wet toilets in the village. The cost for up-gradation for each toilet was assessed to be Rs.10,000/-, out of which Rs.7,500/- was contributed by Central Government, Rs.1,500/- was contributed by the State Government and the remaining Rs.1,000/- was to be paid by the beneficiary.

(2.) The work of upgradation was given to different NGOs. The present offence relates to mis-utilization of funds in district Rampur, where the job of up-gradation was given to four different NGOs. When written complaint was received about the irregularities in implementation of the programme, that the Director conducted a detailed enquiry and found that the NGOs involved in the job by filing forged bill and verification, has obtained the payment and thereby caused huge loss of about rupees two crore, fifty lac to the Government.

(3.) It has been argued on behalf of the applicant that even though F.I.R. was lodged by incorporating the entire enquiry report but the applicant has not been nominated in the F.I.R. which makes it abundantly clear that the applicant was not found prima-facie guilty of committing any irregularity in implementation of the plan. During investigation, it was found that the applicant who was employed as Engineer at Moradabad was directed to conduct duty under the SUDA Scheme for two days at Rampur and he verified the up-gradation of the wet toilets whereafter the payment was made by the concerned authorities.