HC directs HP govt to lodge FIR against ex-panchayat chief

The case pertains to embezzlement of ₹1,80,900 issued by block devp officer for construction of toilets in homes of 67 below poverty line families in Chopal

The high court has directed state authorities to take appropriate action against Sunita, ex-pradhan, gram panchayat of Pujarli, Chopal tehsil, Shimla district, and Usha Devi, the then panchayat secretary, on the basis of the admitted acts of forgery and misuse of government funds by them.

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The court also directed to register an FIR against them and further directed director general of police (DGP, vigilance), to finish investigation no later than March 31, 2020.

Orders were passed on the petition filed by one Kewal Ram of Chopal tehsil who had alleged that the block development officer (BDO) had issued ₹1,80,900 to the gram panchayat for construction of toilets for 67 below poverty line (BPL) families––– ₹2,700 for each family—but Sunita and Usha Devi withdrew ₹85,000 through self cheque from the panchayat general account in October 2011 and showed it as amount used for construction of toilets by 24 persons of the BPL families.

Most of those persons had already died in the year 2008 and fake receipts were prepared in their names. Not only this, the respondents again withdrew ₹41,400 and the same was shown as disbursed among seven persons of BPL families for construction of toilets; out of those seven, one had already died.

The district panchayat officer (DPO), on the basis of the inquiry conducted, issued a letter of recovery of embezzled amount, who admitted their fault and deposited the amount in question. However, no action was taken against them.

While disposing of the petition, the court wondered that despite a clear case of offence(s) having been committed under the Indian Penal Code, the authorities didn’t think it appropriate to inform the police.

The court observed that the entire scope of the Panchayati Raj Act and the various rules framed thereunder, leave no manner of doubt that all the authorities constituted under the Act coupled with the various authorities of the administration, have to work in tandem and act in unison so as to ensure that not only the letter but even the spirit of the Act is implemented, but, unfortunately, the official respondents have remained oblivious of the duties and responsibilities cast under the Act.