Rajendrakumar Mafatlal Barot vs State Of Gujarat

A.J.Desai, J

By way of the present petition in the nature of public interest, following prayers have been made:

“A. That Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No.2 to 5 to investigate into the irregularities and misappropriation of funds made by the employee-officials in The Mahatma Gandhi National Rural Employment Guarantee Scheme in Jafrabad Taluka of Amreli District and thereby direct them to register FIR against the defaulters as per Paragraph 29(f) of Schedule 1 of the MGNREGA and to take appropriate action against the defaulters in the interest of justice;

B. That Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No.2 to 5 to recover the amount misappropriated under the Mahatma Gandhi National Rural Employment Guarantee Scheme in Jafrabad Taluka of Amreli District from the non-beneficiaries in whose account the amount has been credited (Amount misappropriated is reflected in the Audit Report (Ann. G Colly.) and Verification done by State Bank of India (Ann. N) and further be pleased to direct the Respondent Authorities to follow the recommendation stipulated in the Audit Report produced at Annexure G Colly.;

C. Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the Respondent No.1 to 5 to appoint a responsible officer to investigate into the large scale fraud and/or misappropriationcommittedby employee/defaulters/non-beneficiary and further be pleased to direct Respondent No.1 to 5 to take effective steps for lodging FIR against defaulters-employees and to investigate the crime and thereby submit the report to this Hon’ble Court.”

The grievance of the petitioner is with regard to inaction on the part of the respondents in taking action with regard to alleged irregularities in issuing forged/fake cards for getting financial benefits for the scheme known as Mahatma Gandhi National Rural Employment Guarantee Scheme.

In response to notice issued by this Court, an affidavit dated 18.01.2023 has been filed by respondent nos.2 and 4 - the Director of District Rural Development Office of MGNREGA, District:Amreli.

Mr.M.P.Prajapati learned advocate appearing for the petitioner would submit that certain officers against whom the allegations have been made, no action has been taken by the authority.

On the other hand, learned advocate Mr.Premal Joshi appearing for the respondent nos.2 and 4 has taken us to the affidavit filed. By taking us to paras 5 and 6 of the said affidavit, he would submit that the appropriate action has been taken and hence nothing survives in the petition and he therefore would submit that the petition may be dismissed.

We have heard learned advocates for the respective parties.

Paragraph nos.5 and 6 of the affidavit dated 18.01.2023 affirmed by the Director read as under:

“5. After that Taluka Development Officer, Taluka Panchayat, Jafrabad was asked to conduct detailed enquiry and to submit the report. The Taluka Development Officer submitted his report dated 4/9/2021. The Taluka Development Officer in his report found (I) Shri S.G. Jadeja, Assistant Programme Officer, Jafrabad, (ii) Shri V.S.Basan, Accounts Assistant, Jafrabad and (iii) Shri J.R. Vadiya, MIS, Jafrabad responsible for duplicate/fake job card and third-party payment. Considering the report of the Taluka Development Officer, by order dated 4/9/2021 the Director, District Rural Development Agency, Amreli terminated the services of the aforesaid employees. The said employees approached the Honourable High Court by way of filing Special Civil Application No.14382/2021 interalia challenging their termination dated 4/9/2021. The Honourable Court by oral judgement dated 26/7/2022 allowed the petition by directing to reinstate the petitioner’s on the same terms and conditions on which they were initially appointed by holding that the order of termination could not have been passed on the allegation of misconduct without holding full- fledged enquiry. The said order came to be challenged in LPA/1455/2022. The said appeal came to be dismissed by oral order dated 1/12/2022.

I state and submit that criminal case being FIR11193024220658 came to be filed against 4 employees on 20/12/2022 before Jafrabad Police Station for the offences punishable under section 409, 420, 465, 467, 468, 471, 477A, 120B, 34 and 114 of Indian Penal Code. The copy of complaint is annexed here with and marked as Annexure-R/1.”

In view of the above facts and the fact that an FIR has already been lodged for the offenses punishable under Sections 409, 420, 465, 467, 468, 471, 477A, 120B, 34 and 114 of Indian Penal Code. We do not find any reason to continue with this petition.

It is needless to say that the concerned Court may take appropriate action against the other persons whom the Court found having committed the offense.

10.Petition is disposed of in the above terms.