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Judgment
The matter has been heard via video conferencing.
Heard Mr. P K Shahi, learned senior counsel along with Mr. Sumit Kumar Jha, learned counsel for the petitioner and Ms. Anita Kumari Singh,
learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
The petitioner is in custody in connection with Aurangabad Town PS Case No. 266 of 2018 dated 11.09.2018 instituted under Sections 420, 409 and
120B of the Indian Penal Code.
This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 17.06.2020 in Cr. Misc. No. 71694 of 2019.
The allegation against the petitioner is that he being the District Welfare Officer had defalcated the Government money meant for scholarship to
Scheduled Caste and Scheduled Tribe students.
Learned counsel for the petitioner submitted that after two years of his transfer from the post of District Welfare Officer, Aurangabad on a
complaint by a private person against the Principal of one such college, whose students were also given scholarship, a three-member committee was
constituted to enquire, which has given a report that funds were transferred in a highly illegal manner and paid to fictitious students for which criminal
case was instituted and the petitioner was also made accused.
Learned counsel submitted that the enquiry was without notice to him or giving opportunity to explain with regard to the funds which may have been
allocated by him at the relevant point of time. It was submitted that even otherwise the petitioner cannot be accused of embezzling or defalcating
Government money sent to the respective colleges that too based on the report of the office. Thus, it was submitted that if there is any irregularity, the
staff who gave a report with regard to the claim of the college is responsible. Learned counsel submitted that the petitioner is in custody since
05.09.2019.
Learned APP submitted that the petitioner was required to transfer the fund directly through RTGS to the beneficiaries and instead sending the
funds through cheque to the colleges for payment to students clearly indicates that the modus operandi was alien to the rules prescribed leading to
defalcation of Government money. It was submitted that the petitioner is solely and wholly responsible for such conduct and most importantly there
are two other cases of similar nature pending against him of the year 2017 whereas this case has been lodged in the year 2018.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find that any
ground has been made to re-consider the prayer which was earlier rejected on 17.06.2020.
Accordingly, the application stands dismissed.