MUNAZIR HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) - Heard Sri V.M. Zaidi and Sri D.V. Jaiswal learned counsel for the applicant, learned A.G.A. and Sri Zafar Abbas learned counsel for the complainant.

(2.) This application is filed by the applicant Munazir Husain with a prayer that he may be released on bail in case crime No. 779 of 2004, under Sec. 409 I.P.C., P.S. Paak Bara district Moradabad.

(3.) From the perusal of the record it reveals that in the present case F.I.R. was lodged on 3.11.2004 at 9.10 p.m. by Dharam Veer Singh Block Development Officer, Asmauli Block in pursuance of the order dated 3.11.2004 passed by Chief Development Officer, Moradabad alleging therein that for the village Booknala a sum of Rs. 2,95,540.00 was given to the applicant and co-accused Ram Chandra, Gram Panchayat Adhikari for the development work under the scheme of Jawahar Rojgar Yojna and some other works for the year 2002 to 2004, but in an inquiry done by the Tahsildar, Sambhal it was found that no work was shown and in respect of work done by them no document was produced. The inquiry Officer came to conclusion that Rs. 2,95,540.00 has been misappropriated by the applicant and other co-accused persons. It is contended that the applicant was a village Pradhan and no proper inquiry was conducted and the Tahsildar who conducted the inquiry was not competent person to conduct the inquiry according to provision of the Panchayat Raj Act. Therefore, the inquiry report shall not be sustained. It is further contended that any physical verification was not done without affording any opportunity of being heard. The subsequent inquiry was done by the Executive Engineer, who also came to conclusion that embezzlement was done by the applicant and other co-accused persons, was not proper inquiry. It is contended that the applicant has been falsely implicated and he was not in-charge of the alleged work done.