Mr. Gajanan S/O. Sanjay Charde v. State Of Maha., Through Its Secretary, Dept. Of Public Work, And Others

pil97-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION No.97 OF 2015 Mr. Gajanan s/o Sanjay Charde -Vrs.- State of Mah. Through its Secretary,Department of Public Works, Mumbai &4 others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. Smita Singalkar, advocate for petitioner. Mr. Rahul Tajne, advocate for respondent no.4. CORAM : B.R. GAVAI AND V.M. DESHPANDE, JJ.

DATED : 7 th JULY, 2016 The petition has been filed with following prayer clause 1 & 2.

(1) Direct the Respondent no.1 to initiate criminal prosecution against the persons involved in the Inquiry Report, dated 13th May, 2015 at Annexure D.

(2) Further direct to register FIR as per the Inquiry report about the misappropriation of funds.

No doubt, there are other prayers also with regard to the direction to the respondent nos. 1, 2 & 3 to recover the funds from the persons involved in the mis-appropriation. No doubt that initially FIR was not filed. However, an affidavit was filed on behalf of respondent no. 4 stating therein that the FIR is registered on 29.6.2016. The respondent no.4 has tendered apology for the delay in registering the FIR.

pil97-15.odt Therefore, in so far as the prayer clauses 1 & 2 are concerned, the petition has served its purpose. In so far as the other reliefs are concerned, the learned counsel for the respondent no. 4 makes a categorical statement that the departmental proceedings are initiated against the officers/employees who are prima facie found to be involved in the misappropriation.

We are sure that if in the departmental proceedings the officers/employees are held to be guilty, the Zilla Parishad would take necessary steps for recovering the amount from the persons who are found to be guilty for mis-appropriation. The petition is, therefore, disposed of with aforesaid observations. No costs.

JUDGE JUDGE Hirekhan