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.

(2.) 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 When the said orders were brought to the notice of this Court, Writ Petition No.4735 of 2008 was permitted to be withdrawn leaving it open to the petitioner to challenge the validity thereof.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.

(3.) BY proceedings dated 06.06.2007, final orders were passed under Section 265 of the Act of 1994 directing recovery of the misappropriated amount of Rs.2,25,000/-. Aggrieved thereby, the third respondent filed an appeal before the Government. The said appeal was dismissed vide G.O.Rt.No.1223, Panchayat Raj and Rural Development (PTS.IIA) Department, dated 30.08.2007. At that stage, the third respondent remitted the amount of Rs.2,25,000/- found due from him. Owing to this action of the third respondent, it is stated that further action under Section 409 IPC was dropped. The impugned proceedings embody the said decision.