SUKHDEV BAJIRAO DESLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present writ petition has been filed invoking the constitutional powers of this Court under Article 226 of the Constitution of India as well as the inherent powers under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") for directing respondent Nos.1 to 5 to take action/register crime against respondent Nos.6 to 8 for misappropriation of government funds.

(2.) The petitioner is a retired Block Development Officer and he was posted at Grampanchayat, Pimpalner, Tq. Sakri, Dist. Dhule in the said capacity as Block Development Officer in the year 2000 till 31. 05.2005. The petitioner has contended that Zilla Parishad, Grampanchayat Division had sanctioned amount of Rs.15,00,000.00 on 30/9/2004 for construction of drainage. The work was supposed to be completed till 7/6/2005 and accordingly after its completion, the Executive Engineer, Panchayat Samiti had granted completion certificate. Thereafter, the petitioner came to be transferred to Shindkheda and respondent No.6 had taken charge of the said post, which was earlier held by the petitioner. It has been contended that though the work was completed, respondent No.6, who was the then Block Development Officer as well as respondent No.7 - Sarpanch as well as respondent No.8 - the Deputy Sarpanch had prepared some false vouchers in respect of the same work and misappropriated government funds to the extent of Rs.4,87,472.00. It is further contended that respondent Nos.6 to 8 have done various work in Grampanchayat from the government fund between June 2005 till 2011-2012. The resolution dtd. 19/1/2001 prescribed that 5% of the entire work done by the Grampanchayat from the government fund has to be deposited in the account of the Grampanchayat. Respondent Nos.6 to 8 have not followed the said Government Resolution also and the amount of Rs.12,05,135.00 has not been deposited in the account of the Grampanchayat. The District Auditor has also taken objection in respect of the same in the Audit Report. The Extension Officer, Panchayat Samiti, Sakri had issued notice to respondent No.3 and directed action to be taken against respondent No.6 on 14/6/2017.

(3.) Heard learned Advocate Mr. N. L. Choudhary for the petitioner, learned APP Mr. M. M. Nerlikar for respondent No.1, 4 and 5 - State, learned Advocate Mr. N. N. Desle for respondent Nos.2 and 3, learned Advocate Mr. L. S. Mahajan for respondent No.6 and learned Advocate Mr. V. H. Dighe for respondent Nos.7 and 8.