RAM KISHAN MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 10.09.2009, passed by the Project Director EGS, and aggrieved by the lodging of FIR, FIR No.19/2010, registered at Thana Gazi, Alwar, for offences under Sections 420, 406 and 409 IPC, and aggrieved by the investigation therein, the petitioner has approached this Court.

(2.) THE brief facts of the case are that the petitioner happens to be the Sarpanch, who had defeated the complainant, Ram Karan Meena in a panchayat election. According to the petitioner, since the elections were around the corner, Ram Karan Meena lodged a false complaint before the Principal Secretary, Rural Development and Panchayati Raj Department. In the said complaint, he levelled sixteen allegations against the petitioner. THE Secretary appointed the Chief Executive Officer as the Inquiry Officer. On 01.07.2009, the Chief Executive Officer submitted his report wherein it was clearly stated that out of sixteen allegations, thirteen allegations were found to be false, and for two allegations the records were not available, therefore, no comments could be made. As far as the allegations with regard to the Samudayik Bhawan was concerned, according to the Chief Executive Officer, the said Bhawan was built at the place for which the sanction and consent was given, and the work completed Utilization Certificate was also issued. But, meanwhile, vide letter dated 10.09.2009, the Project Director EGS brought it to the notice of the District Collector that certain corrupt practices were committed by the petitioner while implementing the NAREGA project. THErefore, a FIR needs to be lodged against him.

(3.) MOREOVER, these issues have to be investigated by the police. The Investigating Officer is duty bound to consider the reply filed by the State in the writ petition filed by Ram Karan Meena. The I.O. is equally bound to consider the consequences of the said reply on the out come of the investigation. Of course, the I.O. is legally bound to carry out a fair and fearless investigation. However, this Court cannot and should not stop a investigation when allegations make out a prima facie case against the petitioner.