SADANANDA PAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing arises from an application under section 482 Cr. PC filed by the petitioner praying for quashing the investigation in G. R. Case No. 253/96 arising out of Suri P. S. Case No. 58/96 dated 26.04.96 under section 409/448/406 IPC.

(2.) The circumstances leading to the above application are that by order No. 183 dated 01.02.94 Assistant Registrar of Co-operative Societies, Birbhum, hereinafter referred to as Assistant Registrar, appointed the petitioner, who is a school teacher, as Special Officer to manage the affairs of the Suri Friends' Union Co-operative Bank Ltd. By notification dated 05.05.95, Deputy Secretary, Department of Co-operation, Govt. of W.B., appointed a Board of Administrators comprising of 12 members, the petitioner being named as Chair nan thereof to manage the affairs of the said Bank. In order to attend the bank from his residence at a distance of over 24 kms. the petitioner had to undertake a journey by rickshaw, then by bus and then again by rickshaw. Secretary of the Bank advised the petitioner that under the Rules of the Co-operative Societies Act he was entitled to claim travelling allowance for the days of his actual visit of the bank in discharge of his official duties, and according to the said advice the petitioner used to claim travelling allowance for the days of his attending the Bank in connection with his duties as Chairman. On occasions he had to attend the urgent affairs of the Bank early in the morning or had to continue to discharge his duties till late evening when buses stopped plying, for which he had to use vehicle. By a resolution dated 18.08.95 the Board of Administrators had resolved authorizing the Chairman to use hired vehicle for attending his urgent duties in the absence of public or private vehicle. In connection with preparation of electoral roll and for holding an Annual General Meeting for election of Directors of the Board he had to withdraw some amount as advance for expenses to be incurred on the election of delegates. The Secretary of the Bank at the instance of some persons complained to the Assistant Registrar about withdrawal of Rs. 6000/- by the petitioner as advance for expenses in connection with election of delegates and about his receiving taxi fare frequently. Assistant Registrar after an inspection informed the Secretary of the Bank by a letter dated 24 .01.96 for recovery of the taxi fare drawn by the petitioner as it is not permissible under the rules and the advances for legal and election expenses drawn without assigning any reason are also not permissible. At the instance of one Kali Charan Mukhopadhyay the aforesaid Suri P. S. Case No. 58/96 dated 26.04.96 under section 409/448/406 IPC was started against the petitioner, Secretary, Accountant and Director of the Bank, and investigation is proceeding. The said case has been instituted solely for the purpose of wreaking a private vengeance.

(3.) Being aggrieved by the above investigation, the petitioner has come up before this Court.