RAM JEEVAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) During the years 1974-75 Ram Jeeven petitioner was working as Surpanch, Gram Punchayat Pala Distt. Alwar. In that capacity the petitioner is alleged to have allotted a residential plot to one Harchand Meena R/O Ratangarh (Pala) vide receipt No. 19 dated 30.11.74 against a consideration of Rs. 500/-. It is alleged that on 23.5.75 the Secy. Distt. Vigilence Committee. Alwar had inspected the accounts of the said Punchayat and noted that the amount of Rs. 500/- had not been deposited by the petitioner with the Govt. Treasury and that the duplicate of receipt No. 19 was also missing from the Bill Book. Any action taken on the basis of the report of the Secretary, it any and if submitted is not borne out of the record.

(2.) Anyway, on 9.8.1977 Harchand Meena appears to have made a complaint against the petitioner to the Distt Vigilence Officer. Alwar who directed the Secretary to inquire and report. The Secy, after conducting necessary enquiries into the matter reported that the petitioner had misappropriated the aforesaid amount of Rs. 500/- and had further manipulated other receipts and records having a bearing on the genuineness of Receipt No. 19 dated 30.11.74. On the receipt of the report of the Secy, dated 22/23.9.77 the Distt. Vigilence Committee recommended departmental action against the petitioner and further directed the Block Development Officer Umren to realise the misappropriated amount from the petitioner.

(3.) It appears that a copy of the report of the Secy, dated 22/23.9.77 had directly been sent to the SHO P.S. Malakhera who returned the same for want of receipt of the documents mentioned in the report. The report was again sent to the SHO with the request to register a case against the petitioner and to obtain the required documents during the course of investigation. Crime No. 8 of 1997 was accordingly registered on 3.10.77 for offence under Sec. 409 IPC against the petitioner and investigation was commenced.