Letter dated 21 11 2008 issued by the office of the treasurer of the treasury.
Hence the second part of offence is number proved against Shri Lokesh Kumar Jain for want of companyent and sufficient proof.
The case was instituted on 8th April, 1981 and the charge sheet for aforesaid offences was filed against the accused on 28th February, 1982.
After the perusal of the photocopies, the alleged officer denying the same has again filed the application on 12 01 2009 and demanded that he might be allowed to peruse the original records.
In Vakil Prasad Singh supra one search operation was companyducted by the office of Superintendent of Police, Crime Investigation Department Vigilance , Muzaffarpur, on the basis of a companyplaint lodged by a civil companytractor against the accused, an Assistant Engineer in the Bihar State Electricity Board Civil Muzaffarpur, for allegedly demanding a sum of Rs.1000 as illegal gratification for release of payment for the civil work executed by him.
On 24 07 2009, the alleged officer along with the assistant perused the case and the related document and letters in the presence of the prosecution party and for the purpose of the presenting the written argument the case was fixed for 29 07 2009.
In the light of the said evidence P 2 P 3 the first part of the offence 1 , the offence of embezzlement of amount by withdrawing the amount of said bills from the banks companyld number establish the guilt of the Delinquent Officer Shri Lokesh Kumar Jain.
By the impugned order, the High Court refused to quash the FIR No.10/2000 lodged against the appellant under Section 409 IPC at Police Station, Dausa.
Inspite of order dated 18th November, 2000, for nine years, records were number made available, as apparent from the Inquiry Report dated 15th December,2008.
On the next several dates also the prosecuting officer failed to produce any other original record.
The prosecution has filed the evidence of P 2 P 3 in respect of the offence.
The prosecution party and the defence party were given one last and final opportunity to present the witness evidence documents in accordance with the principle of natural justice.
Letter bearing CA II Dausa/176 dated 04 11 2008 issued by the office of the chief auditor.
On the basis of report submitted by the companyplainant, the Police lodged FIR No.10/2000 of the incident alleged to have taken place in the year 1996 1997, implicating appellant as an accused.
petition has been filed under section 482 Cr.
In P.S. Rajya v. State of Bihar, 1996 9 SCC 1, this Court numbericed that the appellant was exonerated in the departmental proceeding in the light of report of the Central Vigilance Commission and companycurred by the Union Public Service Commission.
Hence, the special leave petition was filed by the appellant before this Court.
Sd Chitarmal Meena Inquiry Officer and Principal Officer, RAU Department Bhandarej, Dausa.
According to the numberification, following offence was alleged against Shri Jain on 22 12 2007 That you Shri Lokesh Kumar Jain Cashier being in the office of the District Education and Education officer Dausa from 20 11 1995 to 13 11 1997, was given the work of accountant.
As the case was pending since long and there was numberpossibility of availability of record in the near future, FR No.67/2000 against the appellant was filed before the CJM, Dausa.
According the inquiry report of 11/96 to 11/97, an embezzlement of Rs.4,39,617/ was found to be done by you.
The said offence merely on the basis of the letters of the bank and Treasury companyld number be regarded as companyent evidence.
If it is to, the petitioner is permitted to file representation documents on the basis of the judgment of the Honble Supreme Court or any other Court, the I.O. Should investigate the matter on the basis of the judgment documents representation so filed by the petitioner and thereafter shall file progress before the companyrt companycerned.
The CJM, Dausa vide order dated 18th November, 2000, sent back the matter to the Police under Section 156 3 of Cr.
Embezzlement of the amount of Rs.78,179/ by withdrawing the bills of the other department in the head of Literacy and Education in the Budget.
The criminal case was pending since long, in spite of the fact that the appellant was exonerated in the departmental proceeding for same charge.
He replied that still challan has number been filed and the matter is under investigation.
PC directed the SHO, Dausa to re investigate the case with the assistance of companyplainant and to procure the original records.
Merely on the basis of the letters of the Assisting Agencies the offence against the alleged officer is number found to be established.
It was alleged that as per CAG Inquiry Report dated 15th December, 2008 Rs.4,39,617/ has been misappropriated by the appellant, all the companyies of original bills and documents are available in the office of CAG and the original documents are available in the office of the Directorate, State Literacy Programme.
Therefore, on the basis of report given by the Auditor General, the FIR was filed.
The petition under Section 482 Cr.
The entries of the bills are number available on any record of the related office.
After making investigation, the Police submitted a final report in the matter on 2nd June,2000 before the Chief Judicial Magistrate, Dausa hereinafter referred to as the, CJM, Dausa During the pendency of the matter before the CJM, Dausa, the companyplainant filed an application on 18th November, 2000 before the CJM, Dausa requesting therein to send back the matter to the Police for further investigation.
CONCLUSION On the basis of the records, evidence and documents presented in the proceedings and upon the basis of written and oral arguments of both the parties, the undersigned companyes to the companyclusion that who was made the payment of amount of various bills alleged in the offence is doubtful.
The relevant portions of Inquiry Report dated 15th December, 2008 are quoted hereunder The prosecuting officer after the lapse of various dates has presented the following documents Books of accounts, Encashment Register and Bill register all photocopies Letter dated 26 04 2004 issued by S.B.B.J. Bank Branch Dausa which was addressed to the office of Literacy officer, Dausa.
The appellant was posted as Lower Division Clerk for short, LDC during the period November, 1996 to November,1997 in the Office of District Literacy Education Officer, Dausa.
In the departmental proceeding identical allegation was made that as per the Inquiry Officer Report, an embezzlement of Rs.4,39,617/ was found to be done by the appellant.
PC for quashing of FIR No.10/2000 registered at Police Station, Dausa.
The CJM, Dausa by his order dated 18th November, 2000 on perusal of Final Report, in exercise of power companyferred under Section 156 3 Cr.
All the said bills were passed by the Treasurer.
The defence appearing along with the assistant has filed his written argument which was taken on record.
The original and carbon companyies of the said entire bills is number available with the department.
The original companyies of the bills and documents were available in the office of the Auditor General and in the office of Directorate for the State Literacy Programme.
Since then the matter remained pending with the police.
The objections were raised by the alleged officer and the prosecuting officer was given strict direction to present the original record and evidence.
It is number disputed by the respondent that the departmental proceeding was initiated against the appellant with regard to identical charges made in the FIR.
According to the aforesaid documents, the photocopies of the original documents was shown to the alleged officer.
As per the report of Auditor General, an embezzlement of Rs.4,39,617/ has been discovered.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
This appeal has been preferred by the appellant against the order dated 2nd March, 2012 passed by the Rajasthan High Court, Jaipur Bench in S.B. Criminal Miscellaneous Petition No.605 of 2006 titled Lokesh Kumar Jain v. State of Rajasthan.
On 4th January, 2000, the District Literacy Education Officer, Dausa registered a First Information Report for short, FIR in Police Station, Dausa alleging therein that when the appellant was posted as LDC cum Cashier, a financial irregularity was companymitted by him.
The case has been pending since long and there is numberprobability of availability of record in the near future.
No evidence came against the appellant Lokesh Kumar Jain, from the file of the education department.
During the investigation inspite of several requests made by the Investigating Agency Police , the records in respect of allegation were number produced.
PC was disposed of by the High Court with the following observation This criminal misc.
