Lalit Kumar v. State Of Haryana
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As per the allegations, Shalender Kumar remained the Sarpanch of G.P. Khardra, Block Matlauda, District Panipat w.e.f. 24.02.2016 to 24.06.2020. During the said period, the accused had
submitted inflated bills of the material used in the development works and a financial loss of Rs.21,60,941/- was caused to the Government. Even, detailed inquiry report was prepared by the Executive Engineer, Panchayati Raj, Panipat and was submitted to the Deputy Commissioner, Panipat. Shalender Kumar, Ex. Sarpanch deposited a sum of Rs.21,60,950/- with the Gram Panchayat, Khandra, against receipt on 04.03.2024. However, as per the officials of the Haryana Panchayati Raj Department, the total amount alongwith interest, which was payable by the accused was Rs. 42,25,738/-. Thus, a huge loss has been caused to the Gram Panchayat by the accused in the present case.
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Learned senior counsel for the petitioner contends that at the relevant time, the petitioner was posted as SDO in the Gram Panchayat and it has been found that the bills were sanctioned with the signatures of the petitioner. However, the petitioner had performed his statutory duties and had not committed any embezzlement as alleged. Thus, to show his bonafides, the petitioner is ready and willing to deposit a sum of Rs.7 lakhs with the Gram Panchayat Khandra and is also ready to deposit a sum of Rs.1.50 lakhs (non-refundable) with the Punjab and Haryana High Court Lawyers Welfare Fund within a period of 01 week. He further contends that even a sum of Rs.21,60,941/- has already been deposited by Shalender Kumar, Ex. Sarpanch, Gram Panchayat, Khandra, who is also co-accused in the present case.
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In the present case, the total amount in dispute is Rs. 42,25,738/- and out of this amount, Shalender Kumar, Ex. Sarpanch, co-accused has already been deposited a sum of Rs.21,60,941/-. Even, the three accused, namely, Lalit Kumar, the then SDO (petitioner), Raj Kumar Kumar, the then JE and Rahul Chauhan, the then Gram Sachiv has also offered to deposit a sum of Rs.7 lakhs each. Even otherwise, the record of the Gram Panchayat has been taken into possession by the police and the custodial interrogation of the petitioner will not serve any meaningful purpose. 8.
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The petitioner shall deposit a sum of Rs. 7 lakhs with the Sarpanch, Gram Panchayat Khandra, within a period of 7 days from today. He shall also deposit a sum of Rs. 1.50 lakhs with the Punjab and Haryana High Court Lawyers Welfare Fund (Account No.
65018692589, IFSC Code-SBIN0050306, Branch Code 50306, SBI, High Court Branch, Sector 1, Chandigarh) (which shall be non-refundable) within a week.
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In case, the aforementioned amounts are not paid by the petitioner, the present petition shall be deemed to be dismissed. ))** *-*-./
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