Sharad Sharma, J.
The FIR was lodged against the petitioner in which he is named. As a consequence of the judgment rendered by this Court in WPPIL No. 169/2015
as decided on 15.06.2018. Based on the said judgment of the Division Bench the direction was issued to the Head of Departments to initiate the
proceedings against the persons who are indicted in the report dated 30.05.2013, which is quoted hereunder:
“Accordingly, present writ petition is disposed of with the direction to the Chief Secretary of the State of Uttarakhand to take decision/action on the
report dated 30.05.2013, within a week.
The Senior Superintendent of Police, Dehradun is also directed to register an FIR against the persons, who have misappropriated the public funds as
per the details given in the report dated 30.05.2013.
The respective Head of the Departments are directed to initiate disciplinary proceedings against the persons who were indicted in the report dated
30.05.2013 within two weeks.â€
2. The case of the petitioner is that the judgment dated 15.06.2018 passed by the Division Bench of this Court was in relation to the indictment of the
persons referred in the report dated 30.05.2013 it nowhere contained a direction to hold a fresh investigation and call for a report which is the basis of
the present action which is being taken against the petitioner as a consequence of lodging of the FIR No. 0355/2018 under Sections 409 & 420 of IPC.
Petitioner admittedly at the relevant time was holding office of Samudayik Vikas Visheshagya. On the basis of directives the FIR reveals that on
12.07.2018 a committee was constituted to hold physical verification, record statement of so called beneficiaries.
3. The petitioner has misread the order passed by the Division Bench of this Court, the judgment dated 15.06.2018 at no stage provided that no fresh
inquiry could be conducted to arrive to a truth. There could not have been any such restriction even otherwise as per law.
4. He submits that he has got no role assigned for the reason being he places reliance on the averments made in the FIR in particular clause 5, which
is quoted hereunder:
“5- Jherh lquhrk HkV~V rRdkyhu mi ifj;kstuk tks fd ifj;kstuk esa fnukad 22 ekpZ 2010 ls 31 fnlEcj 2015 rd fâ€k{kk foHkkx ls dk;Zjr jgs gSa
orZeku esa vius ewy foHkkx fâ€k{kk foHkkx esa dk;Zjr gSa ds fo:) egkfunsâ€kd] fâ€k{kk mRrjk[k.M dks fu/kkZfjr olwyh ¼:0 2900 C;kt½ ,oa
izdj.k esa ijks{k :Ik ls Hkwfedk ds dkj.k dBksj psrkouh ,oa y?kq n.M dh laLrqfr dh x;h gSAâ€
5. He submits that he was given the responsibility of physical verification work done under the project and he cannot be directly attributed to the loss
of the public money which has occurred because of the enforcement of the Swach Bharat Mission, 2014.
6. On account of the fact that the entire investigation is based upon the findings which has been recorded in the report submitted at a later stage as a
consequence of the judgment rendered by the Division Bench, where the reports prima-facie establishes commission of offence under Section 420 and
409, where public which was to be utilized for the public projects has been conspired by State officials to be misappropriated without actual work
being done on the spot. Relevant paragraph of the judgment dated 15.06.2018 is quoted hererinbelow:
“In each district, Swachh Bharat Mission was launched. The Project Manager after verifying the B.P.L. holders and their construction work was
to sanction the money. Thereafter, it was to be transferred to the account of the Gram Panchayats. Many villagers have made a complaint to the
District Magistrate that the amount released/sanctioned under the Mission was mis-utilized by the authorities. Only few toilets were built. Money was
also released in favour of the dead persons. The matter was looked into and enquired by the Tehsildar, Vikas Nagar. He submitted a very
comprehensive and elaborate report highlighting the misappropriation of the funds meant specifically for construction of toilets. This report is dated
30.05.2013. We are in 2018.â€
7. For the reasons aforesaid, this Court is not inclined to interfere in the present Writ Petition and it is accordingly dismissed.
