High Court of Punjab and HaryanaCRM-M/55454/2023dismissed

Pawan Kumar v. State Of Haryana

2024-03-06Mr. Justice Jasjit Singh Bedi15 pages

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"7. That thereafter, the petitioner was joined in the investigation on 07.12.2023 and during enquiry, he has admitted that he had joined the department of PWD (B&R) as Patwari on D.C. Rate in year 2018. After that, he worked for about 2 years and then in February 2020, he was removed from there due to the lockdown. After that, in August 2020, he was called again in the office of XEN, PWD (B&R) Department, Bhiwani and he got a job there as a helper at DC Rate. From the PWD (B&R) Department, he used to go to the Court cases with XEN and from LAC Department, Manoj Kumar Kanungo and Rampal Mor

Naib Tehsildar used to come to the Court for cases, due to which, he got acquainted with both of them. There was a shortage of Patwari in the LAC Department. In the month of November 2022, Manoj Kumar Kanungo told him that you start working as a Patwari in the Land Acquisition Office, Bhiwani. We will get you appointed to the post of Patwari in the LAC Department under the Skill Employment Scheme. Then he gave his papers to them and he started working as Patwari in LAC Office Bhiwani and he used to assist Manoj Kanungo and Rampal Mor Naib Tehsildar in the work of the land acquired by this office from PWD (B&R) Department.

A lot of money of the beneficiaries was deposited in the government treasury, to which, when the actual beneficiary applied, a bill was prepared in his name and the compensation amount was deposited in his account. In December 2022, Ram Pal Mor Naib Tehsildar LAC Department Bhiwani told him that the compensation amount of many beneficiaries is deposited in the government treasury of the department, which has not been received by the real beneficiaries, you should get their account numbers and PAN Card numbers from your relatives or acquaintances.

So that by making them appear to be fake compensation holders of District Bhiwani, by making fake bills in their names and getting the money drawn from the Government Treasury in their accounts, they will get cash from them and distributed it among themselves, which as per the plan, he has given the account numbers and PAN Numbers of many of his relatives and acquaintances. By obtaining the numbers and showing them as fake land owners, 24 fake bills related to land acquisition were prepared in their names and the money released from the Government, amounting to about Rs. 2 Crores 50 Lacs, was transferred to the Government Treasury head account no.

deposited in the account of Pinki wife of Jai Singh, resident of Haluwas Gate, Bhiwani, who is known to his wife Laxmi, amounting to Rs. 37,31,400/-, Rs. 99,460/- was transferred in the account of Santosh wife of Ramphool resident of Hakla, District Jhajjar, who is the Mausi of his wife, Rs. 81,250/- was transferred in the account of Nisha daughter of Bimla, resident of Pataudi, who is friend of his wife Laxmi, Rs.98,500/- was transferred in the account of Rohit son of Sunil, resident of Surehli, District Rewari, who is son of Mausi of his wife, Rs. 98,200/- was transferred in the account of Baljeet son of Ram Kumar, resident of Naya Bazar, Bhiwani, who is his friend, Rs. 7,96,500/- against two fake bills was transferred in the account of Jai Singh son of Jagdish, resident of Mini Bye Pass, Bhiwani, who is husband of Pinki, Rs.

58,500/- was transferred in account of Sushila wife of Baru Ram, resident of Tigaon, District Faridabad, who is maternal-aunt of his wife, Rs. 39,500/- was transferred in account of Arti daughter of Ashok, resident of Meham, District Rohtak, who is his known, Rs. 93,600/- was transferred in account of Vivek son of Prem Chand, resident of Kosli, District Rewari, who is friend of his brother-in-law Narender, Rs. 9,41,275/- against three fake bills was transferred in account of Saraswati wife of Monu, resident of Dadri Gate, Kaunt Road, Bhiwani, who is daughter of Pinki, Rs. 97,280/- was transferred in account of Sahil son of Manoj, resident not known, who is his known, Rs. 9,88,700/- against two fake bills was transferred in account of Narender son of Anjesh, resident of Dhakla, who is son of Mausi of his wife, Rs.

11,80,000/- against two fake bills was transferred in account of Vikash son of Anjesh, resident of Dhakla, who is son of Mausi of his wife, Rs. 6,95,170/- against two fake bills was transferred in account of Pooja wife of Ravi, resident of Surehli, District Rewari, who is wife of his brother- in-law, Rs.

friend, Rs. 4,60,000/- was transferred in account of Sunita wife of Ramphal, resident of Hanuman Gate, Bhiwani, who is his maternal aunt, Rs. 6,45,000/- was transferred in account of Vidya Devi wife of Attar Singh, resident of Hanuman Gate, Bhiwani, who is his mother, Rs. 4,90,000/- was transferred in account of Suresh son of Ramphool, resident of Tigaon, District Faridabad, who is maternal- uncle of his wife, Rs. 4,65,000/- was transferred in account of Brijpal son of Ramphool, resident of Tigaon, District Faridabad, who is maternal-uncle of his wife, Rs. 8,30,000/- against two fake bills was transferred in account of Manish son of Devraj, resident of Village Baliyali, District Bhiwani, who is known of Pinki, Rs.

4,60,000/- was transferred in account of Ajay son of Mojiram, resident of Lula Aheer, District Rewari, who is known of his brother-in-law, Rs. 5,65,000/- was transferred in account of Vicky son of Inder Singh, resident of Haluwas Gate, Bhiwani, who is brother of Pinki, Rs. 5,35,000/- was transferred in account of Rahul son of Niranjan, resident of Rewari, and Rs. 2,45,000/- in the account of Pushpa wife of Bhagat Singh, resident of Naya Bazar, Bhiwani, who is Bhabhi of Pinki, Rs. 8,30,000/- was transferred in account of Virender son of Surajmal, resident of Dhakla, District Jhajjar, who is known of his brother-in-law Narender, Rs. 6,80,000/- was transferred in account of Rima wife of Ramu, resident of Charkhi Dadri, who is known of his friend Dinesh, Rs.

6,80,000/- was transferred in account of Reena wife of Rohit, resident of Rewari, who is known of his brother-in-law Narender, Rs. 11,80,000/- against two bills was transferred in the account of Vikas son of Jagbir, resident of Kosli, District Rewari, who is known of Narender, Rs. 4,95,000/- was transferred in account of Suman wife of Dinesh, resident of Charkhi Dadri, who is wife of his friend Dinesh, Rs. 4,90,000/- was transferred in account of Tinku son of Kaptan Singh, resident of Charkhi Dadri, who is known of his friend Dinesh, Rs.

resident of Rewari, who is known of his father-in-law Nathu Ram, Rs. 4,75,000/- was transferred in account of Mukesh son of Dhan Sahai, resident of Rewari, who is known of his fatherin-law Nathu Ram, Rs. 3,92,000/- was transferred in account of Manish son of Rajesh Kumar, resident of Rewari, who is known of his father-in-law Nathu Ram, Rs. 4,95,000/- was transferred in account of Rohit son of Chhattarpal, resident of Rewari, who is known of his brother-in-law Narender, Rs. 6,90,000/- was transferred in account of Nathu Ram son of Dhani Ram, resident of Village Surehli, District Rewari, who is his father-in-law, Rs. 3,50,000/- was transferred in account of Kamlesh wife of Suresh, resident of Village Tigaon, District Faridabad, who is maternal-aunt of his wife, Rs.

6,30,000/- was transferred in account of Krishna wife of Nathu Ram, resident of Village Surehli, District Rewari, who is his mother-in-law, Rs. 5,70,000/- was transferred in account of Manender son of Nafe Singh, resident of Mini Bye Pass, Bhiwani, who is known of Pinki, Rs. 6,90,000/- was transferred in account of Pooja daughter of Virender, resident of Hindol, District Charkhi Dadri, who is daughter of his maternal-uncle. He further admitted that he used to give Rs. 20-30,000/- to all the account holders as an inducement. He met and got the money deposited in the accounts of the above 39 account holders, out of which, he kept about Rs. 45 Lacs with him and about Rs. 65 Lacs he gave to Niab Tehsildar Rampal Mor in different bills of different dates in cash. In the same manner, he gave Rs.

75 Lacs to Manoj Jangra in cash against different bills after month of March. He gave Rs. 25 Lacs approximately to Suresh Kumar Assistant Clerk, Treasury Office, Bhiwani, in exchange for getting the above bills passed as soon as possible. He had given approximately Rs. 15 Lacs in cash to Sunil Computer Operator at different times for preparing the bills. He had deposited Rs. 8,30,000/- in the account of Manish so of Devraj, resident of Baliali, who was known to Pinki and he had deposited Rs.

81,250/- in the account of Nisha daughter of Bimla, resident of Pataudi, who did not return the money to him. While holding the post of Patwari in LAC Department, he along with Rampal Mor Niab Tehsildar, Manoj Kanungo, Sunil Kumar Computer Operator and Suresh Kumar Assistant Clerk of Treasury Office Bhiwani, prepared fake bills of land acquisition and deposited almost Rs. 2.50 Crores. District Revenue Officer Mr. Raj Kumar was in the confidence of him, Rampal Mor and Manoj Kanungo and due to their signatures on fake bills, DRO Mr. Raj Kumar used to sign those bills. DRO Raj Kumar was not known about these fake bills at that time. He himself used to take the bills to the treasury office and meet Suresh to get the bills passed and used to give 10% of each bill in cash to Suresh for getting the bills passed quickly.

Out of the amount of Rs. 45 Lacs, which he received, Rs. 8.90 Lacs were deposited in the account of Narender son of Anjesh, Rs. 8.13 Lacs were deposited in the account of Laxmi wife of Pawan, Rs. 6.90 Lacs were deposited in the account of Pooja wife of Ravi, Rs. 6.90 Lacs were deposited in the account of Krishan wife of Nathu Ram, Rs. 6.30 Lacs were deposited in the account of his own and Rs. 93,600/- were deposited in the account of Vivek son of Prem Chand".

Further, a perusal of Para 04 of the State reply on merits would further clarify the position as regards the appointment of the petitioner and the same is reproduced hereinbelow:- "4. That in reply to para no. 4 of the petition, it is submitted that during investigation, a letter bearing Memo No. 456 dated 04.05.2023 issued from the office of Land Acquisition Officer, PWD (B&R), Bhiwani, was obtained and taken into possession, wherein, the present petitioner has been informed as existing contractual manpower joined in department through HKRNL, working as on or before 31.03.2022 in the department and still

working in the office. Copy of this letter is being annexed herewith as Annexure R-2.Moreover, Annexure P-2 issued by Haryana Kaushal Rojgar Nigam Limited, Haryana, on the file reveals that the petitioner was deployed as Patwari at PWD(B&R) Bhiwani from 01.04.2023 to 31.03.2024. Moreover, the petitioner has attended the Court case, titled as "Ramesh Versus State of Haryana etc.", on 25.05.2023 being Patwari in Land Acquisition Collector, PWD (B&R) Department Bhiwani, during the period of alleged offence. The copy of court order dated 25.05.2023 is being annexed herewith as Annexure R-3. From the above facts and record, it is clear that the petitioner was working as Patwari in Land Acquisition Collector, PWD (B&R) Department Bhiwani, during the period of offence. As far as letter dated 25.08.2023 is concerned, that is matter of record. In fact, the petitioner has been working as Patwari in Land Acquisition Collector, PWD (B&R) Department Bhiwani, since year 2018". 10.

From the investigation conducted so far, it has been categorically found that the petitioner prepared fake bills and transferred an amount of Rs.52 lacs into the accounts of his friends/associates. During further investigation, it transpired that the total misappropriated amount is approximately Rs.2.50 Crores. It has also been found that one Pooja wife of Ravi has received a sum of Rs.6,95,170/- against two bills and out of the said amount, Rs.1,50,000/- had been transferred by her in the account of the present petitioner on 20.05.2023 as was apparent from Annexure R-1. Further, though the petitioner has joined the investigation, he has not co-operated with the same as the forged bill, his mobile phone and certain other documents have not been got recovered. Even otherwise, as the offence stands prima facie

established from the investigation conducted so far, the question of granting anticipatory bail to the petitioner does not arise. 0 # . 0 #

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