DHARAMVIR MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present writ petition is directed against the order dated 3.4.2013 (Annexure P -1) passed by the Lokayukta, Haryana -respondent No. 2 and consequential proceedings initiated by the Director General, Secondary Education, Haryana -respondent No. 3. The brief facts of the case are that a complaint was received by the Lokayukta, Haryana against the petitioner alleging that the petitioner, while working as Principal, Govt. Senior Secondary School, misappropriated an amount of Rs. 2,77,112/ - on account of electricity bills, whereas the said amount had already been paid by his predecessors. An enquiry was slated to be conducted against the petitioner. Forwarding a copy of the complaint, vide letter dated 22.9.2011 to the Director, Secondary Education, Haryana, the Lokayukta, Haryana, asked him to look into the matter and furnish his report on the complaint. In response to the above said communication dated 22.9.2011, respondent No. 3 vide letter dated 19.1.2012 furnished report of Sh. D.N. Yadav, Deputy Director, intimating the Lokayukta, Haryana that two allegations stood proved against the petitioner, whereas the third allegation was stated to have not been proved. The enquiry officer had concluded that the petitioner had committed serious irregularities. During the proceedings before the Lokayukta, Haryana, another report dated 13.2.2013 was submitted by the Director General, Secondary Education, Havana -respondent No. 3 intimating that departmental proceedings cannot be initiated against the petitioner because the incident had taken place more than 4 years ago and the delinquent had retired from government service. However, it was further intimated that in view of the embezzlement of huge amount at the hands of the petitioner, criminal proceedings have been asked to be initiated against him and in that regard, letter had already been written to the Superintendent of Police, Panipat, for taking action. In view of the above said reports received from respondent No. 3, the Lokayukta disposed of the above said complaint, vide impugned report dated 3.4.2013, with the recommendation to the competent authority to ensure registration of a criminal case against the petitioner, who has allegedly misappropriated the government funds, while in service. Consequently, FIR No. 685 dated 24.6.2013 under Sections 420/409 IPC Police Station, Panipat City, came to be registered against the petitioner.

(2.) FEELING aggrieved against the report dated 3.4.2013 (Annexure P -1) passed by Lokayukta, Haryana, petitioner has approached this court by way of instant petition, seeking a writ in the nature of Certiorari for quashing the impugned report and consequential proceedings initiated by respondent No. 3.

(3.) HAVING heard the learned counsel for the petitioner at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the contentions raised, this court is of the considered opinion that present one is a case wherein no interference is warranted at the hands of this court, while exercising its writ jurisdiction under Articles 226/227 of the Constitution of India. To say so, reasons are more than one, which are being recorded hereinafter.