A SRINIVAS REDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The Sarpanch of Sanganonipally Gram Panchayat, Koilkonda Mandal, Mahabubnagar District, the third respondent herein, allegedly committed irregularities while in office, involving misappropriation of funds. The petitioner, a former Mandal Parishad Territorial Constituency member of Koilkonda Mandal, Mahabubnagar District, made a complaint in this regard to the District Collector, Mahabubnagar. Accordingly, action was initiated against the third respondent for recovery of the amounts said to have been misappropriated and a criminal case was also launched against him in Crime No. 50/2007 under Section 409 IPC on the file of the Koilkonda Police Station. Aggrieved by the inaction thereafter in prosecuting the third respondent, the petitioner filed Writ Petition No. 4735 of 2008 before this Court. During the pendency thereof, G. O. Rt. No. 398, Panchayat Raj and Rural Development (PTS. IIA) Department, dated 12.03.2008 was issued by the Government directing the District Collector, Mahabubnagar, to withdraw and set aside the criminal case against the third respondent. Thereupon, the District Collector, Mahabubnagar, issued proceedings dated 13.03.2008 withdrawing the criminal case. When the said orders were brought to the notice of this Court, Writ Petition No. 4735 of 2008 was permitted to be withdrawn leaving it open to the petitioner to challenge the validity thereof. Hence this writ petition, calling in question G. O. Rt. No. 396 dated 12.03.2008 and the consequential proceedings dated 13.03.2008 of the District Collector, Mahabubnagar District.

(2.) It is the case of the petitioner that withdrawal of the criminal case against the third respondent is not in public interest as he had suffered a confirmed finding of misappropriation of public funds. The petitioner further contends that merely because the amount misappropriated was repaid by the third respondent, it would not have the effect of wiping out the criminal offence committed by him and therefore, the authorities ought not to have given him a clean chit by withdrawing the case.

(3.) The District Collector, Mahabubnagar, stated in his counter that the Executive Engineer, Panchayat Raj Sub-Division, Mahabubnagar, submitted his enquiry report dated 16.11.2006 holding that the third respondent had committed misappropriation of SGRY(SC) rice allotted to the Gram Panchayats of Sanganonipally and Vinjamoor for construction of feeder channels to Vaddenna Cheruvu and Rallapadu Tank. It was his finding that the third respondent had misappropriated 93.75 quintals of rice valued at Rs. 75,000/- from the work pertaining to Vaddenna Cheruvu and 187.50 quintals of rice valued at Rs. 1,50,000/- in respect of the work relating to Rallapadu Tank. These works were undertaken under a welfare scheme of the State. The third respondent was accordingly issued Show Cause Notice dated 30.12.2006 under Section 265 of the Andhra Pradesh Panchayat Raj Act, 1994 (for brevity, 'the Act of 1994') proposing recovery of the misappropriated amount of Rs. 2,25,000/-. Simultaneously, the Divisional Panchayat Officer, Mahabubnagar, was authorized to file a criminal case against the third respondent under Section 409 IPC, pertaining to criminal breach of trust by a public servant.