SUBHASH TYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Subhash Tyagi has applied for grant of anticipatory bail in case FIR No. 9 dated 9.1.2008, under Section 406 IPC, Police Station Badshahpur, District Gurgaon.

(2.) AS per allegations of the prosecution, the petitioner was Sarpanch of village Badshahpur, Tehsil and District Gurgaon. He had received an amount of Rs. 59,37,093/- as compensation on account of acquisition of panchayat land. He was required to deposit the said amount in the joint account of Panchayat and the District Development and Panchayat Officer and the development work was to be undertaken with the amount of interest accrued thereon. However, he, in violation of the Rules, in, stead of depositing the amount in joint account, has deposited the same in his own account and had withdrawn the same. As per report of the Executive Engineer, the petitioner neither got the estimates prepared nor got the assessment done nor got filled the measurement books as per Haryana Panchayati Raj Finance, Budget, Account, Audit and Taxation Works Rules. Before spending any amount on development work, the panchayat has to get prepared estimate and the measurement book has to be got filled in and then assessment has to be got done.

(3.) THEN investigation of the case was conducted and as per report of the Executive Engineer dated 14.4.2008, the assessment of work got done by the petitioner works out to be Rs. 43,12,178/-.