(SRI) RASAMANI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. B.K. Sharma, learned counsel for the petitioner and Miss. S. Mishra, learned Additional Standing Counsel.

(2.) Mr. Sharma, learned counsel for the petitioner submits that the petitioner was the ex-Secretary of the R.M.C., Boudh. There was audit of the R.M.C., Boudh and auditor found that there is misappropriation of Rs. 69,219.015 paise due to lack of proper supervision and maintenance of accounts. There was only observation that necessary action should be initiated against the petitioner for realization of the misappropriated amount.

(3.) Mr. Sharma, learned counsel for the petitioner further submits that as enquiry was held by the Department and the Enquiring Officer had categorically observed that the present petitioner is not responsible for loss to the R.M.C. and exonerated the petitioner from all charges, the Disciplinary Authority accepting the view of the Enquiring Officer exonerated the petitioner from all charges. On the other hand, the present petitioner has alleged before the Sub-Collector, Boudh on 18.04.2004 stating that after enquiry, he found that Shri Chitta Ranjan Pradhan, DLR being entrusted with the maintenance of the accounts, mobilized collection of the market fees and has not performed his duty by depositing the amount collected at the check gate towards market fees in the Bank. The Sub-Collector, Boudh had advised the present petitioner to lodge the F.I.R. against Shri Chitta Ranjan Pradhan and the deficit amount be recovered by the Secretary, R.M.C. Thereafter, the petitioner was relieved from the job and new Secretary joined. Surprisingly, the new Secretary-P.C. Sahu instead of lodging F.I.R. against Shri Chitta Ranjan Pradhan lodged the F.I.R. against the present petitioner basing on which investigation went ahead and finally charge sheet was submitted against him on no evidence.