VIKRAMADITYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Vigilance.

(2.) The petitioner has been made named accused in Vigilance P.S.Case No.71 of 2013 dated 06.11.2013 registered under Sections 467, 468, 471, 420, 409, 120-B of the Indian Penal Code and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988.

(3.) In the FIR it has been alleged that one Ramroop Paswan and Manoj Kumar Jha had made a joint complaint that during the financial year 2009-10 and 2010-11 the officials including Mukhiya and the Panchayat Secretary of Kamalpur Srichak Gram Panchayat had defalcated Government funds granted for purchase of diesel for distribution to the farmers by preparing forged distribution register. A preliminary enquiry was made by the Vigilance on the complaint made by the aforesaid Ramroop Paswan and Manoj Kumar Jha and a report was submitted in this regard on 19.09.2013. In course of enquiry, it was found that all the 21 persons mentioned in the complaint petition, who were shown as beneficiaries under the Scheme belonging to Ward No.1 of Kamalpur Srichak, were fictitious persons. They did not belong to Kamalpur Srichak Gram Panchayat. The voter list obtained from the Block Development Officer shows that none of the names of the said beneficiaries were found mentioned therein. It was also found that two other distribution registers showing distribution of fund for paddy irrigation etc. amounting to Rs. 9,22,875/- and Rs. 51,162/- do not bear the signature or thumb impression of the beneficiaries. On those registers only the signatures of the Mukhiya, the Panchayat Secretary and the Block Development Officer have been found. It also transpired during enquiry that funds were withdrawn in the name of even dead persons.