The court held that a Block Development Officer cannot be held liable for misappropriation when acting in good faith and following prescribed procedures, and the prosecution failed to establish a case against him.

ORDER :

1. The petitioner/A10 in Spl. C.C. No.10 of 2023 who is facing trial for the offence under Sections 120(b), 420, 409, 468, 471 r/w. 109 IPC and Section 13(2) r/w. 13(1)(a) of Prevention of Corruption Act [PC Act] filed a discharge petition in Crl. M.P. No.3114 of 2024 and the same was dismissed by the Trial Court by order dated 06.11.2024. Against which, the present revision petition is filed.

2. The gist of the case is that in Thalayamangalam Panchayat, Mannargudi Taluk, Tiruvarur District during the year 2016-2020, 143 beneficiaries were selected for construction of houses under Pradhan Mantri Awaas Yojana-Gramin [PMAY(G)] and 513 beneficiaries were selected for construction of toilets under Swachh Bharat Mission(Gramin) [SBM(G)]. While implementing the above projects, the officers who are in the capacity of Block Development Officer [BDO], Engineers, Overseers during the said period, who are arrayed as A1 to A7 and A10 to A12, conspired with A8 and A9/unregistered contractors colluded with each other, failed to issue the subsidy amount to the beneficiaries and the subsidy amount was remitted to the private contractors and in some cases to the persons whose names are not selected as beneficiaries by the Government and projected as if construction of houses and toilets completed and the amount released. Based on the vigilance report sent by Vigilance and Anti-Corruption Wing, Tiruvarur and on the orders of Vigilance Commission, prior approval was obtained from the Competent authority and a case was registered in Crime No.8 of 2021 against nine persons. During the course of investigation, documents collected towards construction of toilets under SBM(G) Scheme, in which, the involvement of the petitioner/BDO, one Suresh/A11, Deputy BDO and one N.Elara/A12, Deputy BDO was found, who issued cheques for the toilets which were not constructed. Therefore, they were arrayed as additional accused. In this case, proceedings under Section 17A of PC Act from the Commissioner, Rural Development and Panchayatraj, Chennai in R.O.C.No.16046/2021/CII-2 dated 06.02.2023 obtained. As regards the petitioner is concerned, the petitioner served as BDO from 28.03.2017 to 11.06.2018 at Mannargudi Block and he served as Block Development Officer [Village Panchayat] [Incharge] from 09.02.2018 to 25.02.2018 as per the proceedings of the District Collector dated 09.02.2018.

3. The BDO is solely responsible for the Scheme implemented by the Government. If toilets are constructed and handed over to the beneficiaries, the Overseer should prepare valuation certificate, beneficiaries list, undertaking letter and place the same before the Deputy BDO, Mahatma Gandhi National Rural Employment Guarantee Scheme [MGNREGS] and Block Development Officer [Village Panchayat] for perusal, they should verify the above particulars and also verify whether the toilets are constructed in the concerned Panchayat and the estimate being maintained in BDO Office, allotment register, cash book, proceedings, voucher and thereafter cheque to be prepared and the BDO, Deputy BDO to sign the cheques. Thereafter only, the amount should be sent to the beneficiaries/approved contractors which is the standard procedure. During the tenure of the petitioner, amount was sanctioned to 77 beneficiaries without construction of toilets. In this case, the first installment of Rs.4,62,000/- was issued to 77 beneficiaries on the recommendation of A1 and A11, the same was credited in the bank account of Baskar/A8, Contractor in his account in Indian Overseas Bank from the SBM(G) Scheme Account. Out of 77 beneficiaries, 11 beneficiaries were enquired during investigation and it was found that without constructing the toilet, the above said officials prepared files/forged documents and recommended to credit Rs.63,000/- from SBM(G) Scheme account to the account of private contractors, thereby caused loss to the Government. The petitioner during his tenure as Block Development Officer [Village Pan