Heard Sri Pt. S. Chandra, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel for the State-respondents as well as Sri Prashant Kumar Srivastava, learned counsel for opposite party no.10.
In view of the proposed order, notice to opposite party no.9 is hereby dispensed with as no prejudice is being caused to opposite party no.9 by this order.
By means of this petition, the petitioner has assailed the order dated 16.11.2019 passed by the District Magistrate, Sultanpur directing the Block Development Officer, Jaisinghpur, Sultanpur to lodge an FIR against the Gram Pradhan Sri Ravi Pratap Singh and the then Panchayat Secretary Sri Hriday Ram Maurya, the petitioner herein.
As per the order dated 16.11.2019, embezzlement of Rs.11,66,000/- has been committed allegedly by the then Gram Pradhan and the present petitioner. The District Magistrate directed for enquiry against the Gram Pradhan on 13.11.2019 and copy thereof has been provided to the present petitioner also. Not only the above, the Additional District Panchayatraj Officer, Sultanpur has conducted an enquiry and submitted report on 14.11.2019 (Annexure No.2) wherein he has recorded the statement of the present Gram Panchayat Secretary Sri Devvrat Pal, the petitioner and the Gram Pradhan wherein Gram Pradhan has submitted that when the amount so withdrawn by him could not be expensed in the proper head, he returned Rs.7,00,000/- and remaining Rs.4,66,000/- were utilized in making toilets and still some amount is available, which shall be utilized for construction of the toilets. From the statement, one fact emerged that the present petitioner had not made signature on the cheque but the said signature had been made fraudulently by the Gram Pradhan.
Not only the above, case of the petitioner is that the petitioner has himself made complaint against Pradhan before the competent authorities and he played role as whistle blower, therefore, he should not be victimized for the allegations. It has further been submitted that the petitioner's promotion to the next post is due and he may be promoted very soon, therefore, if any FIR is lodged against the petitioner, it shall adversely affect his entire career.
Per contra, Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel has submitted that the allegation of forged signature of the petitioner may not be verified by the departmental authorities in any manner whatsoever because they have got no mechanism to ascertain as to whether the petitioner has made signature on the cheques or not. Since the fraud was committed in the account, which is having joint account of Pradhan and the present petitioner, therefore, if any FIR is lodged pursuant to the order dated 16.11.2019, the expert agency e.g. handwriting expert shall verify as to whether the petitioner has made signature on those cheques or not or as to whether the signatures made on the cheques are forged one. He has further submitted that even if the FIR is lodged against the petitioner, it may not affect the petitioner for the reason that the FIR is a bundle of allegations, which are ascertained by the expert agencies after making proper investigation and unless the allegations are established and charge sheet is filed, no adverse effect can be done to the petitioner. Sri Ran Vijay Singh has submitted that since the order dated 16.11.2019 is not causing any prejudice to the petitioner and if any interference is made in the order dated 16.11.2019 whereby direction for lodging the FIR has been issued would affect the entire investigation for the simple reason that the factum of fraud and forged signature may not be established/ verified by the departmental authorities but it can be ascertained only by the specialized agencies e.g. police etc. Considering the rival submission of the learned counsel for the parties, I hereby dispose of this writ petition finally at the admission stage directing the Block Development Officer, Jaisinghpur, Sultanpur to verify the contentions and allegations, which can be verified at the stage of departmental authority and the District Magistrate, Sultanpur is also directed not to make any adverse inference against the petitioner on the basis of lodging the FIR against him if his candidature is considered for promotion. However, it is clarified that at this stage, this Court may not observe as to whether FIR be lodged or not lodged against the petitioner and Ravi Pratap Singh since it is an outlook of the competent authority of the department.
Order Date :- 29.11.2019 RBS/-
[Rajesh Singh Chauhan,J.]