IMPORTANT POINT
Public servants cannot be held criminally liable for actions taken in the course of their official duties unless clear evidence of wrongdoing is established.

JUDGMENT :

(Birendra Kumar, J.) :

1. The petitioners herein i.e. Tara Ram, Ghewar Ram, Kaulram and Himmata Ram are accused in FIR No.368/2001 registered with Police Station, Anti-Corruption Bureau, Jaipur (Outpost ACB, Jaisalmer) for the offence under Sections 467, 471, 477A, 120-B IPC and Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988. They are aggrieved by common order dated 23.7.2021 passed by learned Special Judge (Prevention of Corruption Act) No.1, Jodhpur in Sessions Case No.01/2015 (State Vs. Tara Ram & Ors.) arising out of the aforesaid FIR, whereby the learned trial Judge has decided to frame charges against them. Against Kalu Ram charges have been framed for offence under Sections 420, 467 and 120-B IPC, whereas against other petitioners, charges have been framed for offence under Sections 420, 467, 120-B IPC as well as under Section 13(1)(d)/13(2) of Prevention of Corruption Act.

2. Heard the parties at length and perused the records.

3. The prosecution case is that in the year 1994, the Government of Rajasthan invited applications for allotment of land in Canal area in Tehsil Pokhran. The land was to be allotted under the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975. 10399 applications were received and were forwarded to the Tehsildar, Pokhran for verification. For allotment of land, there are certain qualifications and disqualifications mentioned in Rule 2(xiii) of the aforesaid Rules of 1975. The applicant must be “Landless person” under Rule 2(xiii). It is alleged that Tehsildar, Pokhran in conspiracy with the applicants issued eligibility certificates to those persons who were in fact not eligible and for the purpose Tehsildar obtained Rs.2000/- per person. According to FIR Tehsildar Mana Ram Patel and Manvendra Kumar were indulged in issuing certificates besides other public servants. In the FIR, besides the aforesaid Tehsildars certain beneficiaries were also made accused, however, after investigation Mana Ram Patel and Manvendra Kumar were not charge-sheeted, rather charge-sheet was submitted against the petitioners and some others.

4. Rule 2 (xiii) of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975, which defines “Landless person” is reproduced below :-

Rule 2 (xiii) “Landless Person” means a person who,-

(i) Is a resident of Rajasthan; and

(ii) has been by profession a bona fide agriculturist or a bona fide agricultural labourer, having agriculture as the primary source of his income and who either does not hold any land anywhere in India or holds less than 25 bighas, but it does not include temporary cultivation lease holder:

Provided that a person holding continuously since before the 1st day of April, 1955 only barani land in a village may surrender that land in favour of Government free of cost and on acceptance of such surrender, he will also be treated as a landless person of that village. In case he is not allotted any command land within a year of such surrender, he can revoke the surrender of the land made by him:

Provided further that a released ‘Sagri’ as certified by the Sub-Divisional Officer will also be treated as landless person of that village.

Explanation- For the purpose of this proviso “Sagri” means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).]

Provided further that the following categories of persons shall not be deemed to be landless persons, namely:-

(a) an employee other than a casual or work charged employee of the Government or of a commercial or industrial establishment or concern, his wife and children dependent on him.

(b) a person who has sold or otherwise transferred the whole or part of the land held by, or allotted to him other than land transferred to or acquired by the Government or statutory bodies and thereby reduces the size of his holding to become landless person.”

5.