Devender Kalia vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This petition, preferred under Section 438 of the Code of Criminal Procedure, is in relation to FIR No.5 of 2020, dated 05.10.2020, registered under Sections 420, 468, 471 & 120B of the Indian Penal Code and Section 33 of the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 at Police Station SV&ACB Solan, District Solan.

Interim protection was granted to the petitioner vide order dated 16.10.2020.

Heard learned counsel for the parties and gone through the status report.

According to the status report:-

3(i). The FIR was registered on 05.10.2020 on the basis of a complaint filed by one Inspector Kamal Dutt Sharma, appending therewith an inquiry report dated 19.05.2016, conducted on the basis of a source report in relation to the matter in question.

3(ii). As per the inquiry report, the petitioner subsequent to his appointment on 26.12.1996 as Panchayat Secretary, remained posted in Development Block Nalagarh/Dharampur from 1996 to 2009. With effect from 2009 to 2015, he remained posted in Gram Panchayat Chamyawal. Petitioner was transferred to Gram Panchayat Dadhogi, Development Block Kunihar on 19.10.2016, where he remained posted as such till 26.04.2018.

3(iii). The Block Development Officer, Kunihar ordered deployment of the petitioner in the office of Development Block Kunihar on 26.04.2018 till further orders. However, the copy of order was not endorsed to the higher officers. Contrary to the actual position, the Block Development Office, Kunihar in an intimation dated 04.05.2020, sent to Zila Parishad, Solan, reflected petitioner's deployment in Gram Panchayat Dadhogi, whereas he was actually stationed in Development Block Kunihar.

3(iv). Inspection of Employees Attendance Register for the period April, 2018 to June, 2020 revealed that the petitioner had recorded his attendance in the registers towards the end in his own handwriting in a series on one day. This was contrary to the mode and manner of marking the attendance by the other employees.

3(v). Office Superintendents Satpal and Ramesh recorded their statements to the effect that the petitioner had marked his entire attendance on one day during second week of July, 2020 and further that the petitioner had never really worked on his seat during the period in question.

Thus, it was concluded that for the period of April, 2018 to June, 2020, the petitioner had marked his attendance despite factually being absent and received salary for 29 months without doing any work.

3(vi). Sh. Vivek Paul, Block Development Officer, Kunihar, deliberately and knowingly aided the petitioner in incorporating and manipulating wrong entries in the attendance register as well as furnished incorrect information/record to the Vigilance Department.

On the basis of the inquiry, the instant FIR was registered.

Investigation was carried out. During investigations, the statements of concerned officers/officials were recorded. The relevant record of the concerned period was collected and it was found that the petitioner had not performed any work in the office w.e.f. April, 2018 to August, 2020. The petitioner though remained absent from the office during the aforesaid period, however, he was paid and had received the entire salary for the period in question. No notice in respect of petitioner's absence from duty was given to him by the Department. No correspondence in this regard was ever made by the Block Development Officer with the higher officers. The documents also reflect that attendance had been marked by the petitioner later on. According to the status report, it appears from the documents that deployment of the petitioner in Kunihar had also been ordered in the back date.

The status report does not dispute the fact that pursuant to the interim protection granted to the petitioner vide order dated 16.10.2020, he joined the investigation on 17th, 24th and 27th October, 2020 and is co-operating with the Investigating Agency. As per status report, investigation is still going on. The allegations levelled against the petitioner are primarily in respect of his deployment order at Kunihar, his alleged unauthorized and continued absence from duty w.e.f. April, 2018 to August, 2020 and receipt of salary during the said period with aid of the concerned Block Development Officer. As per the status report, most of the documentary record has been collected by the Investigating Agency. Considering the nature of accusations levelled against the petitioner, custodial interrogation of the petitioner, in the facts and circumstances of the case, is not going to achieve any significant object. No previous criminal history of the petitioner has been indicated in the status report. Petitioner is resident of Ward No.1, Village, Post Office and Tehsil Arki, District Solan, therefore, his presence can be ensured during trial. It has been submitted by the learned Senior Counsel for the petitioner that the petitioner is still in service. Therefore, the instant bail petition is allowed and the interim protection granted to the petitioner vide order dated 16.10.2020 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) . Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

It is made clear that in case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is also clarified that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.