PASSED

BY

R-2

IN

APPEAL

NO.O.ME.PRASS.PRA/53/2014-15

DATED

02.05.2015

(ANNEXURE - J) IN SO FAR THE DIRECTION ISSUED TO

LODGE

A

CRIMINAL

COMPLAINT

AGAINST

THE

PETITIONER AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 8B9 GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Respondent No.7 lodged a complaint with 3rd

respondent alleging that the petitioner who was the

Ex-President of Huliyurdurga Gram Pancchayat though

ceased to be the President on 23-6-2014 by using

Dongle made payments to the beneficiaries under

MGNAREGA Scheme from 27-8-2014 and to take

appropriate

action

against

the

petitioner.

3rd

respondent, after conducting an enquiry passed an

order dated 29-11-2014 stating that the petitioner has

used the Dongle for the purpose of making payment

to the beneficiaries in violation of the guidelines and

directed the Chief Executive Officer of Zilla Panchayat

to initiate criminal prosecution. Against the said

4

order, petitioner filed an appeal before the 2nd

respondent. The 2nd respondent, by order dated

02-05-2015 dismissed the appeal confirming the order

passed by the 3rd respondent. Against which, the

present petition is filed.

2. Learned counsel appearing for the petitioner

submits that in the absence of any allegations that the

petitioner has misappropriated the funds granted

under MGNAREGA scheme, the impugned order

passed by the 3rd respondent, directing the Chief

Executive Officer of the zilla Panchayath to launch

criminal prosecution against the petitioner is not

sustainable in law.

3. On the other hand, learned Additional

Government Advocate appearing for the State and

learned counsel appearing for respondent Nos. 3 to 6

and also respondent No.7 submits that the petitioner

having made the payment under MGNAREGA scheme

5

in violation of the guidelines contained in the

MGNAREGA scheme, the impugned order passed by

the 3rd respondent in directing the Chief Executive

Officer,

Zilla

Panchayath,

to

initiate

criminal

proceedings cannot be faulted with and same does not

call for any interference.

4. I have examined the submissions made by

the learned counsel for the petitioner.

5. The only allegation against the petitioner is

that, he as Ex-President of the Gram Panchayat made

payments

under

MGNAREGA

scheme

to

the

beneficiaries by using Dongle which is contrary to the

guidelines contained in MGNAREGA scheme. It is not

the case that the beneficiaries were not eligible to

receive the funds. In the absence of any allegation or

proof that the petitioner has misappropriated the

funds

granted

under

MGNAREGA

Scheme,

the

impugned order passed by the 3rd respondent and the

6

order passed by the 2nd respondent in directing the

Chief Executive Officer of Zilla Panchayth to initiate

criminal

proceedings

is

impermissible

since

the

allegation does not state commission of any offences

punishable under the provisions of the Indian Penal

Code. Hence, the impugned order passed by the 2nd

respondent as well as by the 3rd respondent are not

sustainable in law. Accordingly, I pass the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned order dated 29-11-2014

passed by the 3rd respondent at Annexure-C and the

impugned order dated 02-05-2015 passed by the 2nd

respondent at Annexure-J are hereby quashed.

Sd/-

JUDGE

tsn*