Public servants can be charged with conspiracy and misappropriation for fraudulent actions under specific schemes without a need for prior sanction after retirement, if substantial evidence supports these claims.

JUDGMENT

(Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of CRIMINAL PROCEDURE CODE , pleased to set aside the order of the learned Judge made in Crl.M.P.No.5744 of 2021 in Spl.C.C.No.01/2021 dated 25.07.2023 on the file of the learned Chief Judicial Magistrate, Krishnagiri and allow the discharge petition.

Criminal Revision Petition is filed under Section 397 r/w 401 of CRIMINAL PROCEDURE CODE , pleased to set aside the order of the learned Judge made in Crl.M.P.No.5742 of 2021 in Spl.C.C.No.01/2021 dated 25.07.2023 on the file of the learned Chief Judicial Magistrate, Krishnagiri and allow the discharge petition.)

Common Order:

1. The Criminal Revision Cases have been filed seeking to set aside the orders passed by the learned Chief Judicial Magistrate, Krishnagiri, in Crl.M.P.Nos.5742 & 5744 of 2021 in Spl.C.C.No.1 of 2021 vide orders dated 25.07.2023, dismissing the discharge petitions filed by the petitioners under Section 239 of Cr.P.C., who are A1 and A2.

2. The brief facts of the prosecution are as under :-

a) The first accused/M.Sathiyanarayanan was working as Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Krishnagiri from 23.06.2014 to 04.02.2015 and now, he retired from service on 31.08.2015 on attaining the age of superannuation and the second accused, S.Arputhasamy was working as District Adi Dravidar and Tribal Welfare Officer, Krishnagiri District from 24.02.2014 to 30.06.2015 and he retired from service on 30.06.2015 on attaining the age of superannuation. During the relevant period of commission of offences, A1 and A2 were public servants as defined under Section 2 (c) of the Prevention of Corruption Act 1988. A1 and A2 are alleged to have committed misappropriation of Government money while implementing the scheme of providing milch animals to the Tribal people. A3 to A5 are private individuals, who acted as brokers in purchasing milch animals from open market.

b) Every year, the Government of India release the Special Central Assistance towards creation of Capital Assets and for undertaking activities under General category for economic development of Scheduled Tribes in conjunction with state's efforts in the Tribal sub plan. During the year 2013-14, totally Rs.488.25 lakhs was sanctioned, out of which, a sum of Rs.77.25 lakhs was towards creation of Capital Assets and Rs.411.00 lakhs was towards General activities. The Government of Tamil Nadu in G.O.(Ms)No.4 Adi Dravidar and Tribal Welfare TD1(1) Department dated 28.01.2014 accorded sanction for Rs.488.25 lakhs under the Grant-in-Aid of Special Central Assistance to Tribal Sub-Plan for the year 2013-14 for the implementation of schemes. The Director of Tribal Welfare was authorized to draw and disburse the amount to the District Collectors/implementing agencies concerned for the implementation of the schemes and he was directed to release the amount to the implementing agencies for the activities already proposed by the State Government. In the said G.O, a total sum of Rs.51.60 lakhs was distributed to Krishnagiri District under the General Category for the supply of 150 free milch animals to 150 beneficiaries.

c) While implementing the scheme, the District Collector, Krishnagiri ordered A2 to constitute a Purchase Committee comprising of the officials viz., District Adi Dravidar and Tribal Welfare Officer (A2), Joint Director/Assistant Director, Animal Husbandry, Krishnagiri/Hosur, Veterinary Assistant Surgeon (respective Jurisdiction) and Special Tahsildar, Adi Dravidar Welfare, Krishnagiri (A1) and purchase milch animals from open market through A3 and A4 in the presen